Shri Altaf S/O Hussain Ahmmed Shivamogga Vs the State of Karnataka

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS), SEEKING TO QUASH THE FIR AND COMPLAINT IN DHARWAD SUB URBAN POLICE STATION CRIME NO.30/2024 REGISTERED FOR THE ALLEGED OFFENCES UNDER SECTIONS 448, 427, 506 R/W 34 OF IPC, ON THE FILE OF PRL. CIVIL JUDGE AND JMFC DHARWAD, IN SO FAR AS PETITIONERS/ACCUSED NO.1 & 2 AND ETC.

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IN CRL.P. NO. 101629 OF 2024

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BETWEEN:

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SHRI ALTAF S/O. HUSSAIN AHMMED SHIVAMOGGA, AGE: 45 YEARS, OCCN: BUSINESS, R/O. MICHIGAN COMPOUND, SAPTAPUR, TQ. DHARWAD, DIST: DHARWAD-580007.

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SHRI GURURAJ S/O. BASAVARAJ GINIMAVU, AGE: 45 YEARS OCCN: BUSINESS, R/O.#6/1, BASAVA NILAYA, VISHWESHWAR NAGAR ROAD, 4TH CROSS, AADARSH NAGARA, TQ. HUBALLI, DIST. DHARWAD-580032.

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…PETITIONERS

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(BY SHRI VENKATESH M. KHARVI, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, BY SUB URBAN POLICE STATION DHARWAD, R/BY. STATE PUBLIC PROSECUTOR, KARNATAKA DHARWAD BENCH, THROUGH PSI, SUB URBAN POLICE STATION, DHARWAD-580001.

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UMESH S/O. BASAPPA HEBBALLI, AGE: 33 YEARS, OCC: BUSINESS, R/O. KUMARESHWAR NAGARA, BANSHANKARI BADAVANE, DHARWAD-580001.

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…RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SHRI VIJAYKUMAR B. HORATTI, ADV. FOR R2)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., SEEKING TO QUASH THE REGISTRATION OF COMPLAINT AND FIR UNDER THE DHARWAD SUB URBAN P.S. IN CRIME NO.0095/2024 DATED 22.05.2024 FOR THE OFFENCE UNDER SECTIONS 427, 457, 380 OF IPC OF BY ALLOWING THE PETITION, IN THE INTEREST OF JUSTICE AND ETC.

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HC-KAR

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THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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COMMON ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T)

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The petitioners and respondent No.2 and their respective counsels in both the criminal petitions are present before the Court.

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The Criminal Petition No.102792/2025 has been filed by the petitioners/accused Nos.1 and 2 to quash the entire proceedings initiated against them in Crime No.30/2024 registered by Suburban Police Station, Dharwad for the offences punishable under Sections 448, 427, 506 read with Section 34 of IPC, where as the Criminal Petition No.101629/2024 has been filed by the petitioners/accused Nos.1 and 2 to quash the entire proceedings initiated against them in Crime No.0095/2024 registered by the Sub-Urban Police Station, Dharwad for the offences punishable under Sections 427, 457 and 380 of IPC. Since both cases arising out of a case and counter-case, they are disposed of by this common order.

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HC-KAR

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The learned High Court Government Pleader

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contended that the Investigating Officer has concluded the investigation and filed charge sheet before the Trial Court. Her submission is placed on record.

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Now the petitioners and respondent No.2 in both the criminal petitioners have resolved the dispute between the them and accordingly they have filed compromise petition duly signed by them and their respective counsels under Section 320(2) of Cr.P.C, to compound the offences under Sections 448, 427, 506 read with Section 34 of IPC in Crl.P.No.102792/2025 and Sections 427, 457 and 380 of IPC in Crl.P.No.101629/2024.

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The contents of compromise petitions filed under

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Section 320(2) of Cr.P.C. in both the criminal petitions are as under.

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Compromise petition in Crl.P.No.102792/2024

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Herein, Respondent No.2 begs to submit as under.

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That the petitioner herein challenging registration of FIR and Complaint in the Dharwad Sub urban Police Station 30/2024 dated 13/02/2024, CC.No.240/2025 for the alleged offence Under Section 427, 448, 506 R/w 34 IPC before this Hon'ble Court.

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NC: 2025:KHC-D:8916 CRL.P No. 102792 of 2025 C/W CRL.P No. 101629 of 2024

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5 -

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HC-KAR

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2. 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.166/2024 on the file of I^st Additional Civil Judge and JMFC in respect of the suit shop premises at ground floor Oswal Tower, Jubilee circle Dharwad. The petitioner respondents No2 are amicably settled the dispute between them. Hence the Hon'ble kindly permit the respondent NO; 2 to compound the offence and permit us to compromise the case. Hence the respondent No;2 has filed this application to compound the offence.

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Wherefore this Hon'ble court be kindly permit the respondent NO; 2 to the compound the offence and also accord permission to compromise the case between them in the interest of justice.

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Compromise petition in Crl.P.No.101629/2024

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Herein, Respondent No2 begs to submit as under.

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1. That the petitioner herein challenging the registration of FIR and Complaint in the Dharwad Sub urban Police Station 95/2024 dated 22/05/2024 for the alleged offence Under Section 427,457, and 380 of IPC before this Hon'ble Court.

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2. After intervention of elders of the parties, the petitioner and respondent No2 amicably settled the dispute in respect of civil suit in OS No. 166/2024 on the file of Ist Addl Civil Judge and JMFC in respect of the suit shop premises at ground floor Oswal Tower, Jubilee circle Dharwad. The petitioner and respondents No2 are amicably settled the dispute between them. Hence the Hon'ble kindly permit the respondent NO;2 to compound the offence and permit us to compromise the case. Hence the respondent No:2 has filed this application to compound the offence.

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Wherefore this Hon'ble court be kindly permit the respondent NO; 2 to the compound the offence and also accord permission to compromise the case between them in the interest of justice.

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HC-KAR

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In view of the settlement arrived at between the

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parties in both the criminal petitions, it is considered unnecessary to prolong the proceedings. Taking into account the facts and circumstances of the cases, this Court is of the opinion that the compromise entered into by the parties in both the criminal petitions deserves to be accepted. Accordingly, the entire proceedings in Crime No.30/2024 and Crime No.95/2024 registered by the Su-Urban Police Station, Dharwad pending on the file of Principal Civil Judge and JMFC, Dharwad, are liable to be quashed. Accordingly, this Court proceed to pass the following order:

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ORDER

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(i) The compromise petitions filed under Section 320(2) of Cr.P.C. (Under Section 359 of BNSS, 2023) in both the criminal petitions by parties are accepted.

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(ii) The both the criminal petitions filed under Section 482 of Cr.P.C. are hereby allowed.

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(iii) The entire proceedings initiated against the respective parties in Crime No.30/2024 and Crime No.95/2024 registered by the Sub-urban

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HC-KAR

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Police Station, Dharwad, pending on the file of Principal Civil Judge and JMFC, Dharwad are hereby quashed.

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It is hereby ordered that the offences punishable under Sections 427, 448 and 506 read with Section 34 of IPC in Crime No.30/2024 and Sections 427, 457 and 380 in Crime No.95/2024, both the cases registered by the Sub-Urban Police Station, Dharwad, stand compounded in view of the settlement arrived at between the parties in both the criminal petitions.

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In view of disposal of the criminal petitioners, pending applications, if any, do not survive for consideration and same are accordingly disposed off.

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Sd/(VENKATESH NAIK T) JUDGE

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EM /CT-AN

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List No.: 1 Sl No.: 53

Shri Altaf S/O Hussain Ahmmed Shivamogga v. the State of Karnataka

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Shri Altaf S/O Hussain Ahmmed Shivamogga v. the State of Karnataka

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