Sri. Basavaraj S/O Sangappa Biserotti Vs the State of Karnataka

SRI. SHARANAPPA S/O NINGAPPA KALLUR, AGE. 35 YEARS, OCC. DRIVER, R/O. BENKAL VILLAGE, TQ. KUKANOOUR, NOW AT CHIKKAMYAGERI VILLAGE, TQ. YELBURGA, DIST. KOPPAL-583 236.

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… PETITIONERS (BY SRI. B.C. JNANAYYA SWAMI, ADVOCATE)

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NC: 2025:KHC-D:10633 CRL.P No. 101466 of 2022

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HC-KAR

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AND:

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THE STATE OF KARNATAKA, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD, (THROUGH YELBURGA PS).

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SRI. MUDAKAPPA S/O HUCHAPPA HARIJANA, AGE. 50 YEARS, OCC. AGRICULTURIST, R/O. CHIKKAMYGERI VILLAGE, TQ. YELBURGA, DIST. KOPPAL-583 236.

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… RESPONDENTS

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

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.PC., PRAYING TO ALLOW THIS PETITION AND QUASH THE COMPLAINT AND FIR IN CRIME NO.70/2022 REGISTERED BY THE YELBURGA POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 3(1)(R), 3(1)(S) OF THE SCHEDULED CASTES AND THE SCHEDULED TRIBES (PREVENTION OF ATROCITIES) AMENDMENT BILL 2015 AND SECTIONS 506, 504, 323 R/W 34 OF IPC, PENDING ON THE FILE OF THE LEARNED ADDITIONAL DISTRICT AND SESSIONS JUDGE KOPPAL, IN THE INTEREST OF JUSTICE.

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

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NC: 2025:KHC-D:10633 CRL.P No. 101466 of 2022

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HC-KAR

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ORAL ORDER

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

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Petitioners who are accused in Spl.C.(AC) No.18/2022 pending before the Court of Principal District Judge and Sessions Judge, Koppal, arising out of Crime No.70/2022 registered by Yelburga Police Station, for the offences punishable under Sections 3(1)(r), 3(1)(s) of the Scheduled Castes and The Scheduled Tribes (Prevention Of Atrocities) Amendment Bill 2015 And Sections 506, 504, 323 R/W 34 of IPC, are before this Court under Section 528 (482 of Cr.P.C.) of Bharatiya Nagarik Suraksha Sanhita, 2023 with a prayer to quash the entire proceedings as against them in the aforesaid case.

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Heard the learned counsel for the parties.

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Learned counsel for the petitioners and learned counsel for respondent no.2-defacto complainant who is the sole victim in the present case submit that dispute between them has been amicably settled at the

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NC: 2025:KHC-D:10633 CRL.P No. 101466 of 2022

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HC-KAR

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intervention of the well wishers and elders of both the families. The parties have now filed an application before this Court with a prayer to permit them to compound the alleged offences. They accordingly pray to allow the petition.

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Learned HCGP however has brought to the notice of this Court that charge sheet has been filed in the present case for non-compoundable offences.

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The petitioners and respondent no.2, who are present in persons before the Court are identified by their respective advocate. They have today filed an application before this Court seeking permission of this Court to compound the alleged offences. The said application is supported by the affidavit of petitioner no.1, petitioner no.3 and respondent no.2 who is the defacto complainant in the present case.

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The said application along with the affidavits are taken on record. In paragraph Nos.2 to 6 of the

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NC: 2025:KHC-D:10633 CRL.P No. 101466 of 2022

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HC-KAR

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application, which is signed by the parties to this petition and by their respective advocates, reads as follows:

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““2. It is submitted that the well-wishers and elders intervened and advised to settle the matter and as per the Advice the petitioner's/Accused and the respondent no.2/Complainant have arrived at a settlement and settled the matter out of the court.

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It is submitted that the respondent no.2/complainant further agrees that he will not precipitate the above matter and wish to put an end to the case.

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That the Respondent no.2/Complainant is hereby withdraw all the allegation against the petitioner's and has no objection to compound the offence and further has no objection to allow the above petition by quashing the entire criminal proceedings.

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That the Respondent no.2/Complainant agrees to settle the matter without there being any pressure, force, threat or coercion by anybody and on his volition ready to compromise in the matter and further the both parties are decided to Live happily in the village.

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It is submitted that in view of the above stated facts and understanding between the parties this Hon'ble Court may be pleased to permit the parties to compound the offence and close the case by allowing the petition.”

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HC-KAR

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The Hon'ble Supreme Court, in the case of Ramgopal and another vs. State of Madhya Pradesh¹ has observed that, notwithstanding the limitations provided under Section 320 of Cr.P.C., this Court in excise of its power under Section 482 of Cr.P.C. can quash criminal proceeding registered for non-compoundable offences depending upon the nature of allegations, relations between the parties and also the nature of settlement.

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In the present case, the allegations as against

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the accused are purely private in nature. The petitioners and the first informant have settled the dispute amicably at the intervention of the well wishers and the elders of both the parties and they intend to give a quietus to the entire dispute between them and live peacefully in future.

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Under the circumstances, I am of the opinion

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that it is a fit case where this Court needs to exercise its

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1 AIR 2022 (14) SCC 531

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HC-KAR

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powers under Section 482 of Cr.P.C. in order to secure the

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ends of justice. Accordingly, the following:

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ORDER

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Criminal Petition is allowed.

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The entire proceedings in Spl.C.(AC) No.18/2022 pending before the Court of Principal District Judge and Sessions Judge, Koppal, arising out of Crime No.70/2022 registered by Yelburga Police Station, for the offences punishable under Sections 3(1)(r), 3(1)(s) of the Scheduled Castes and The Scheduled Tribes (Prevention Of Atrocities) Amendment Bill 2015 And Sections 506, 504, 323 R/W 34 of Indian Penal Code is hereby quashed against the petitioners.

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Sd/(S.VISHWAJITH SHETTY)

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JUDGE

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VMB CT:BCK LIST NO.: 1 SL NO.: 39

Sri. Basavaraj S/O Sangappa Biserotti v. the State of Karnataka

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Sri. Basavaraj S/O Sangappa Biserotti v. the State of Karnataka

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