Shri Abhijit S/O Late Ajit Harapanahalli Vs the State of Karnataka

SHRI ABHIJIT S/O LATE AJIT HARAPANAHALLI, AGE: 42 YEARS, OCC: SOFTWARE ENGINEER, R/O: H.NO.1009, WILLOW HERBS APARTMENT, NEAR RYAN INTERNATIONAL SCHOOL BROOKFIELD, KUNDALAHALLI, BENGALORE-560 037.

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… PETITIONER

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(BY SRI. SHIVASAI M. PATIL, ADVOCATE)

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AND:

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Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.04 15:17:22 +0530

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THE STATE OF KARNATAKA, THROUGH SUB-URBAN POLICE STATION, DHARWAD, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT: DHARWAD-580 011.

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ABHISHEK S/O LATE AJIT HARAPANAHALLI, AGE: 35 YEARS, OCC: ENGINEER, R/O: B-BLOCK NO.101, RADHIKA APARTMENT, DESHPANDE NAGAR, HUBBALLI, NOW RESIDING FLAT NO.B204, SUMADHURA PRANAVAM, BESIDE COLLINS AEROSPACE, NEAR HOODI CIRCLE, BENGALURU-560 048. … RESPONDENTS

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(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. VENKATESH M. KHARVI, ADVOCATE FOR R2)

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2 - NC: 2025:KHC-D:9589 CRL.P No. 101323 of 2025

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HC-KAR

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS INITIATED AGAINST THE PETITIONER IN CRIME NO.27/2025 ON THE FILE OF THE PRL. CIVIL JUDGE AND JMFC, DHARWAD FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 120(B), 420, 465, 468 OF IPC 1860, REGISTERED WITH DHARWAD SUB-URBAN POLICE STATION.

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THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER:

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ORAL ORDER

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(PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY)

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The accused in Crime No.27 of 2020 registered by Dharwad Sub-Urban Police Station, Dharwad SubDivision, Hubballi-Dharwad for offences punishable under Sections 420 465, 468, 120(B) of the IPC pending before the Court of Principal Civil Judge and JMFC, Dharwad is before this Court under Section 528 of BNSS, 2023 with a prayer to quash the entire proceedings in the aforesaid case.

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Heard the learned counsel for the petitioner,

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learned HCGP for respondent No.1 and the learned counsel for respondent No.2.

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3 - NC: 2025:KHC-D:9589 CRL.P No. 101323 of 2025

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HC-KAR

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Learned counsel for the petitioner and

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respondent No.2 jointly submit that the petitioner and respondent No.2 are direct brothers and the dispute between them has been amicably settled. They intend to put an end to the dispute and live peacefully in future. At the intervention of the elders and the relatives of both the parties, the dispute is amicably settled and the parties have now filed an application under Section 320 of the Cr.P.C. with a prayer to permit them to compound the alleged offences.

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The submission and the application filed by the

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petitioner and respondent No.2 under Section 320 of the Cr.P.C. are taken on record.

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The said application is supported by the affidavit of the parties. The parties who are present before the Court are identified by their respective advocates.

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The dispute is between the parties, who are direct brothers and it appears that there was some civil

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NC: 2025:KHC-D:9589 CRL.P No. 101323 of 2025

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HC-KAR

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dispute between them and the said dispute has been now settled amicably. In paragraph Nos.1 to 3 of the affidavit filed in support of the application filed under Section 320 of

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Cr.P.C., it is averred as follows:

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1. That the petitioner herein challenging the registration of FIR and Complaint filed before the Dharwad Sub Urban police station in Crime No. 27/2025, for the alleged offences punishable U/S 120(B), 420, 465, 468 of IPC 1860 pending on the file of The Prl. Civil Judge and JMFC Dharwad.

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2. The petitioner and respondent No.2 are siblings. One late Ajit Hanumanthnaik Harapanahalli was the father of Petitioner and respondent No.2. The late Ajit harapanahalli was working in SBI Bank as a Senior Manager and he was died on 05/09/2023 at Banglore. During his life time, he had acquired as acquired immovable properties and also had invested some FDs nominated in the name of the petitioner and respondent No.2 in SBI Bank, PBB Brach Hubli. After the death of late Ajit harapanahalli, there was civil dispute between the petitioner and respondent No.2 in respect of the immovable properties situated at Dharwad and Hubli and Some FDs and saving accounts of Late Ajit Harapanahalli in SBI Bank PBB Branch Deshpande Nagar, Hubli. After intervention of elders of the parties, the petitioner and respondent No.2 amicably settled the dispute in respect of civil suit in OS No. 437/20223 on the file of III Addl Civil Judge and CJM in respect of the movable and immovable property of late Ajit Hanamanthnaik Harapanahalli who was father of Petitioner and Respondent No.2.

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3. Further, the petitioner and respondent No.2 have arrived settlement between them and also settled the Civil Dispute before the III additional senior civil judge and JMFC by filing the compromise petition and both of them get half share in the immovable and movable properties. Hence, the petitioner and respondent No.2 have in good

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NC: 2025:KHC-D:9589 CRL.P No. 101323 of 2025

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HC-KAR

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terms and want to settle the criminal case against each other. Hence, the respondent No.2 has filed this application for compounding the offence before this Hon'ble Court.

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The Hon'ble Supreme Court in the case of

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RAMGOPAL AND ANOTHER VS. STATE OF MADHYA

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PRADESH¹ has observed that notwithstanding the limitation provided under Section 320 of the Cr.P.C., the High Court in exercise of its power under Section 482 of the Cr.P.C. can quash criminal proceedings even registered for non-compoundable offence, taking into consideration the gravity of the offence, the relationship between the parties and the nature of settlement between them. In the present case, the parties are direct brothers and the dispute appears to be civil in nature and it is in this background the impugned criminal proceedings came to be registered.

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Under the circumstances, I am of the opinion that this is a fit case, wherein this Court is required to exercise its powers under Section 482 of the Cr.P.C. in

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1 AIR 2022 (14) SCC 531

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6 - NC: 2025:KHC-D:9589 CRL.P No. 101323 of 2025

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HC-KAR

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order to secure the ends of justice. Accordingly, the following:

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ORDER

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(i) The criminal petition is allowed.

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(ii) The entire proceedings in Crime No.27 of 2020 registered by Dharwad Sub-Urban Police Station, Dharwad Sub-Division, Hubballi-Dharwad for offences punishable under Sections 420 465, 468, 120(B) of the IPC pending before the Court of Principal Civil Judge and JMFC, Dharwad stands quashed.

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Sd/(S.VISHWAJITH SHETTY) JUDGE

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VNP/CT: BCK List No.: 1 Sl No.: 58

Shri Abhijit S/O Late Ajit Harapanahalli v. the State of Karnataka

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Shri Abhijit S/O Late Ajit Harapanahalli v. the State of Karnataka

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