Disposed¶40

Jagadish S/O Mallappa Kumar, v. the State of Karnataka

Karnataka HC7 Apr 2025CRL.P/101582/2025

Case brief

AI extract

What is this about?

Quashing of criminal proceedings on settlement/compromise between accused and complainant; Section 528 BNSS 2023 (Section 482 Cr.P.C.); offences under Sections 126, 189(2), 191(2), 115(2), 352, 308(2), 351(2) BNS 2023 and Sections 3(1)(r)(s), 3(2)(va) SC/ST (Prevention of Atrocities) Act 1989; joint application under Section 359(6) and (8) BNSS; Crime No.155/2024, Lakshmeshwar Police Station, Gadag; Spl.C.No.3/2025, Additional District and Sessions Judge, Gadag; High Court of Karnataka, Dharwad Bench; Justice Shivashankar Amarannavar; CRL.P No.101582 of 2025; decided 07-04-2025.

What did the court decide?

Entire proceedings against the petitioners in Spl.C.No.3/2025 pending on the file of the Additional District and Sessions Judge, Gadag were quashed, and the petition was disposed off. ¶40

Jagadish S/O Mallappa Kumar, Vs the State of Karnataka — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC-D:6148 CRL.P No. 101582 of 2025

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 7^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.101582 OF 2025

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BETWEEN:

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JAGADISH

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S/O. MALLAPPA KUMBAR, AGE: 29 YEARS, OCC: BUSINESS, R/O: NEAR HAVALI ANJANEYA TEMPLE, BEHIND LIBRARY, TQ: LAXMESHAR, DIST: GADAG - 582 116.

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BASAVARAJ

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S/O. IRAPPA CHAKRASALI, AGE: 32 YEARS, OCC: CIVIL CONTRACT WORK, R/O: HEREBANA, TQ: LAXMESHWARA, DIST: GADAG - 582 116.

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Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench, Dharwad

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KIRAN @ KRISHNAPPA S/O. MALLAPPA KUMBAR, AGE: 23 YEARS, OCC: KARAKOON JOB IN APMC, R/O: HEREBANA, TQ: LAXMESHWARA, DIST: GADAG - 582 116.

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LAXMAN S/O. SANNIRAPPA KUMBAR, AGE: 48 YEARS, OCC: LONELINESS, R/O: HEREBANA, TQ: LAXMESHWARA, DIST: GADAG - 582 116.

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NC: 2025:KHC-D:6148 CRL.P No. 101582 of 2025

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NAVEEN S/O. ISHWARAPPA KUMBAR,

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AGE: 28 YEARS, OCC: RUNNING A CHICKEN FARM, R/O: DESAI BANA, TQ: LAXMESHWARA, DIST: GADAG - 582 116.

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…PETITIONERS

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(BY SRI. GOURI SHANKAR MOT, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, LAKSHMESHWAR POLICE STATION, GADAG, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT: DHARWAD.

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FAKKIRESH S/O. SURESH BASAVANAYKAR, AGE: 27 YEARS, OCC: LABOURER, R/O: AMBEDKAR NAGAR, HULAGERI BANNA, LAXMESHWAR, DIST: GADAG - 582 116.

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…RESPONDENTS

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(BY SRI. RAMESH B. CHIGARI, AGA FOR R1; SRI. ZANZA JOSHI AND SRI. HIRANKUMAR J. PATIL, ADVOCATES FOR R2)

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THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE ACCUSED NO.1 TO 5/PETITIONERS AS IN LAKSHMESHWARA POLICE STATION IN CRIME NO.155/2024 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 126, 189(2), 191(2), 191(2), 115(2), 352, 308(2), 351(2) OF BNS, 2023 AND UNDER SECTION 3(1)(r)(s)(2)(Va) OF SC/ST ACT-1989 (AMENDMENT) ACT, 2015 PENDING ON THE FILE OF ADDITIONAL DISTRICT AND SESSIONS JUDGE, AT GADAG IN SPL.C.NO. 03/2025 IN THE INTEREST OF JUSTICE.

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THIS CRIMINAL PETITION COMING ON FOR ADMISSION, 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:6148 CRL.P No. 101582 of 2025

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ORAL ORDER

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This petition is filed by accused Nos.1 to 5 under Section 528 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘BNSS’, for short) praying to quash the entire proceedings in Spl.C.No.3/2025 pending on the file of Additional District and Sessions Judge, Gadag registered for offences punishable under Sections 126, 189(2), 191(2), 115(2), 352, 308(2), 351(2) of BNS, 2023 and Sections 3(1)(r)(s), 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989 (hereinafter referred to as ‘the Act’, for short).

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On the complaint of respondent No.2, a case came to be registered against the petitioners in Crime No.155/2024 of Lakshmeshwar P.S. for the aforesaid offences. The police after investigation filed a chargesheet and the case has been registered in Spl.C.No.3/2025 pending on the file of Additional District and Sessions Judge, Gadag. The proceedings of the said case are sought to be quashed in the present petition.

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4 - NC: 2025:KHC-D:6148 CRL.P No. 101582 of 2025

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Learned Additional Government Advocate

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accepts notice for respondent No.1. Learned counsels Sri.Zanza S. Joshi and Sri. Hirankumar J.Patel files vakalath for respondent No.2. Joint application under Section 359(6) and (8) of BNSS is filed and it is signed by petitioners No.1 to 5, respondent No.2 and their respective counsels.

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Respondent No.2 is present before this Court and submits that he has settled the matter with the petitioners and he has no objections for quashing the entire proceedings against the petitioners.

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In view of the above settlement, the

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proceedings against the petitioners in Spl.C.No.3/2025 pending on the file of Additional District and Sessions Judge, Gadag are quashed. Accordingly, petition is

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disposed off.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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RKM/CT-ASC List No.: 1 Sl No.: 28

Jagadish S/O Mallappa Kumar, v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Jagadish S/O Mallappa Kumar, v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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