Disposed¶43

Mallappa S/O Madevappa Navalagunda v. the State of Karnataka

Karnataka HC15 Apr 2025CRL.P/101554/2025

Case brief

AI extract

What is this about?

Keywords: quash of proceedings; settlement/compromise between accused, complainant and victim; joint application under S.359(6) & (8) BNSS; offences IPC 323, 354, 504, 506 r/w 34 (FIR additionally 324); C.C.No.1380/2024 Senior Civil Judge & JMFC Kundgol; Crime No.75/2024 Kundgol Police Station; Criminal Petition No.101554 of 2025; NC: 2025:KHC-D:6402; High Court of Karnataka, Dharwad Bench; decided 15.04.2025 by Justice Shivashankar Amaranavar; petition disposed off with proceedings quashed.

What did the court decide?

Entire proceedings against the petitioners (accused Nos.1 to 4) in C.C.No.1380/2024 pending on the file of Senior Civil Judge and JMFC, Kundgol quashed in view of the settlement between the parties; criminal petition disposed of. ¶43

Mallappa S/O Madevappa Navalagunda Vs the State of Karnataka — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the entire proceedings against petitioners/accused Nos.1 to 4 in C.C.No.1380/2024 pending on the file of Senior Civil Judge and JMFC, Kundgol (arising out of Crime No.75/2024 of Kundgol Police Station for offences under Sections 323, 354, 504, 506 r/w 34 IPC) should be quashed in view of the settlement/compromise arrived at between the parties and the victim.

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Court's answer

A joint application under Section 359(6) and (8) of BNSS, signed by petitioners Nos.1 to 4, respondent No.2 and their respective counsels, was placed on record as the vehicle of settlement, pursuant to which respondent No.2 and the victim settled the matter with the petitioners.

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Ratio / Principle

Respondent No.2 and the victim Smt.Ningavva W/o Laxmana Yaliwal submitted that they had entered into compromise with the petitioners at the intervention of well-wishers and elder members; the victim was present before the Court, and the parties being neighbours settled the matter.

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Key takeaways

In view of the settlement between the parties, the proceedings against the petitioners in C.C.No.1380/2024 pending on the file of Senior Civil Judge and JMFC, Kundgol are quashed, and the petition is disposed of accordingly.ratio¶43

Detailed headnote1 paragraphs

Criminal petition under Section 528 BNSS (corresponding to Section 482 Cr.P.C.) filed by accused Nos.1 to 4 seeking quashal of the proceedings in C.C.No.1380/2024 pending before the Senior Civil Judge and JMFC, Kundgol, arising out of Crime No.75/2024 of Kundgol Police Station, where the chargesheet charged Sections 323, 354, 504, 506 r/w 34 IPC (the original FIR had also included Section 324 IPC). Respondent No.2 (the complainant) and the victim, Smt.Ningavva W/o Laxmana Yaliwal, filed a joint application under Sections 359(6) and (8) BNSS stating that they had compromised the matter with the petitioners at the intervention of well-wishers and elders; the victim appeared before the Court and the parties are neighbours. Holding the settlement sufficient, the Court quashed the entire proceedings against accused Nos.1 to 4 and disposed of the petition.

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NC: 2025:KHC-D:6402 CRL.P No. 101554 of 2025

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 15^TH DAY OF APRIL 2025

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BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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CRIMINAL PETITION NO.101554 OF 2025

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BETWEEN:

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MALLAPPA

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S/O. MADEVAPPA NAVALAGUNDA, AGE: 55, OCC: LABOURER, R/AT: DEVANUR VILLAGE, TQ: KUNDAGOL, DIST: DHARWAD - 581 113.

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IRAPPA

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S/O. MALLAPPA NAVALAGUNDA, AGE: 25, OCC: LABOURER, R/AT: DEVANUR VILLAGE, TQ: KUNDAGOL, DIST: DHARWAD - 581 113.

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Digitally signed by YASHAVANT NARAYANKAR Location: High Court of Karnataka, Dharwad Bench, Dharwad

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MADEVAPPA

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S/O. MALLAPPA NAVALAGUNDA, AGE: 21, OCC: LABOURER, R/AT: DEVANUR VILLAGE, TQ: KUNDAGOL, DIST: DHARWAD - 581 113.

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DYMAVVA W/O. MALLAPPA NAVALAGUNDA, AGE: 59, OCC: HOUSEWIFE, R/AT: DEVANUR VILLAGE, TQ: KUNDAGOL, DIST: DHARWAD - 581 113.

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…PETITIONERS

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(BY SRI. GOURI SHANKAR MOT, ADVOCATE)

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NC: 2025:KHC-D:6402 CRL.P No. 101554 of 2025

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AND:

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THE STATE OF KARNATAKA, KUNDAGOL POLICE STATION, HUBBALLI, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT DHARWAD.

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BASAVARAJ S/O. CHANNABASAPPA MUDDENAKOPPA, AGE: 29 YEARS, OCC: FARMER , R/AT: DEVANUR VILLAGE, TQ: KUNDAGOL, DIST: DHARWAD - 581 113.

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…RESPONDENTS

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[BY SRI. RAMESH B. CHIGARI, AGA FOR R1; SRI. ZANZA S. JOSHI, ADVOCATE FOR R2 (VK FILED)]

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THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE ACCUSED NO.1 TO 4 /PETITIONERS AS IN KUNDGOL POLICE STATION IN CRIME NO.075/2024 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 323, 354, 504, 506 READ WITH 34 OF INDIAN PENAL CODE PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, AT KUNDGOL IN CC NO.1380/2024, IN THE INTEREST OF JUSTICE.

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THIS CRIMINAL PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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NC: 2025:KHC-D:6402 CRL.P No. 101554 of 2025

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ORAL ORDER

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This petition is filed by petitioners/accused Nos.1 to 4 under Section 528 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘BNSS’, for short) praying to quash the entire proceedings in Crime No.75/2024 of Kundgol Police Station registered for offences punishable under Sections 323, 354, 504, 506 r/w Section 34 of IPC and proceedings in C.C.No.1380/2024 pending on the file of Senior Civil Judge and JMFC, Kundgol.

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On the complaint of respondent No.2, a case came to be registered against the petitioners in Crime No.75/2024 of Kundgol P.S. for offences punishable under Sections 504, 506, 323, 324, 354 r/w Section 34 of IPC. The police after investigation filed a chargesheet against the petitioners No.1 to 4 for offences under Sections 323, 354, 504, 506 r/w Section 34 of IPC. Based on the said chargesheet, a case came to be registered against the petitioners in C.C.No.1380/2024 pending on the file of Senior Civil Judge and JMFC, Kundgol and the proceedings

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NC: 2025:KHC-D:6402 CRL.P No. 101554 of 2025

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of the said case are sought to be quashed in the present petition.

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Learned Additional Government Advocate

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accepts notice for respondent No.1. Learned counsel Sri.Zanza S. Joshi files vakalath and affidavit for respondent No.2 and also filed affidavit for victim Smt.Ningavva W/o Laxmana Yaliwal. Joint application is filed under Section 359(6) and (8) of BNSS and it is signed by petitioners No.1 to 4, respondent No.2 and their respective counsels.

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As per terms of the said joint application, respondent No.2 and the victim- Smt.Ningavva W/o Laxmana Yaliwal have settled the matter with the petitioners. The said victim Smt.Ningavva is present before the Court. The respondent No.2 and the said victim- Smt.Ningavva submits that they have entered into compromise with the petitioners at the intervention of well-wishers and elder members. The petitioners,

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NC: 2025:KHC-D:6402 CRL.P No. 101554 of 2025

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respondent No.2 and victim are neighbors and they have settled the matter.

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In view of settlement between the parties, the proceedings against the petitioners in C.C.No.1380/2024 pending on the file of Senior Civil Judge and JMFC, Kundgol are quashed. Accordingly, petition is disposed

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off.

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Sd/-

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(SHIVASHANKAR AMARANNAVAR) JUDGE

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RKM CT-ASC

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List No.: 1 Sl No.: 14

Mallappa S/O Madevappa Navalagunda v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Mallappa S/O Madevappa Navalagunda v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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