Tukaram Hangaragi Vs the State through — Karnataka HC (2025) — LawSathi Research

Tukaram Hangaragi Vs the State through — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Both criminal petitions allowed; pending criminal proceedings in C.C.No.1867/2024 and C.C.No.20/2025 before the II Additional Senior Civil Judge and JMFC Court, Bidar, quashed in exercise of inherent power under Section 482 Cr.P.C.

Issue for consideration

Whether the criminal proceedings in C.C. No.1867/2024 and C.C. No.20/2025, arising out of cross-complaints between the parties, ought to be quashed under Section 482 Cr.P.C. in view of the parties' mutual agreement to withdraw their respective complaints.

Court's answer

On enquiry, the Court was satisfied that the parties' decision to withdraw the complaints against each other was voluntary and without any undue influence or coercion.

Ratio / Principle

The offences alleged against each other were simple in nature, privy to the parties, and had no serious impact on society at large.

Key takeaways

Following the dictum of the Hon'ble Apex Court in Ramgopal and another Vs. State of Madhya Pradesh, (2022) 14 SCC 531, the Court exercised the inherent power vested in it under Section 482 of Cr.P.C. and held that both complaints and further proceedings thereof needed to be quashed.ratio¶64
Operative direction: petitions allowed; pending criminal proceedings in C.C.No.1867/2024 and C.C.No.20/2025 before the II Additional Senior Civil Judge and JMFC Court, Bidar, stand quashed.ratio¶68

Detailed headnote1 paragraphs

High Court of Karnataka, Kalaburagi Bench (V Srishananda, J.), 07.07.2025 — Cross criminal petitions under S. 482 Cr.P.C.: (i) by Rajshekhar and five others seeking quashing of proceedings in C.C. No.1867/2024 (Crime No.137/2024, New Town Police Station, Bidar; offences under SS. 323, 448, 504, 506 r/w 149 IPC; based on order of cognizance dated 13.11.2024) and (ii) by Tukaram Hangaragi and three others seeking quashing of proceedings in C.C. No.20/2025 (Crime No.143/2024; offences under SS. 448, 323, 504, 506 r/w 34 IPC), both pending before the II Additional Senior Civil Judge and JMFC Court, Bidar. At admission, after deliberations the parties agreed to dispose of the matters by withdrawing their respective complaints against each other. The Court, on enquiry, recorded satisfaction that the decision to withdraw was voluntary, without undue influence or coercion; observed that the offences alleged against each other were simple in nature, privy to the parties and had no serious impact on society at large; and, following the dictum of the Apex Court in Ramgopal and another Vs. State of Madhya Pradesh, (2022) 14 SCC 531, exercised inherent power under Section 482 of Cr.P.C. to quash both complaints and further proceedings thereof. Petitions allowed; C.C. No.1867/2024 and C.C. No.20/2025 quashed.

1 - NC: 2025:KHC-K:3686 CRL.P No. 200102 of 2025 C/W CRL.P No. 200299 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 7^TH DAY OF JULY, 2025

BEFORE

THE HON'BLE MR. JUSTICE V SRISHANANDA

CRIMINAL PETITION NO.200102 OF 2025

C/W

CRIMINAL PETITION NO.200299 OF 2025

IN CRIMINAL PETITION NO.200102 OF 2025

BETWEEN:

RAJSHEKHAR S/O ADIVEPPA AGED ABOUT 60 YEARS, OCC: RETD. PERSON, R/O: J. P. NAGAR, BIDAR – 585401.

SHAKUNTALA W/O PRATAP TAMBAKE AGED ABOUT 68 YEARS, OCC: ADVOCATE R/O: J. P. NAGAR,

Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA

BIDAR – 585401.

PRATAP TAMBAKE S/O ADIVEPPA TAMBAKE AGED ABOUT 70 YEARS, OCC: RETD. PERSON, R/O: J. P. NAGAR, BIDAR – 585401.

PRASHANTH TAMBAKE S/O NIRANJAPPA TAMBAKE AGED ABOUT 45 YEARS, OCC: ADVOCATE R/O: J. P. NAGAR, BIDAR – 585401.

CHANNU TAMBAKE @ CHANNABASAVA TAMBAKE S/O RAJSHEKHAR TAMBAKE AGED ABOUT 30 YEARS,

2 - NC: 2025:KHC-K:3686 CRL.P No. 200102 of 2025 C/W CRL.P No. 200299 of 2025

HC-KAR

OCC: MEDICAL PRACTITIONER, R/O: J. P. NAGAR, BIDAR – 585401.

SMT. JYOTI TAMBAKE W/O PRASHANT TAMBAKE AGED ABOUT 40 YEARS, OCC: HOUSEHOLD R/O: J. P. NAGAR, BIDAR – 585401.

…PETITIONERS

(BY SRI. RAVI B. PATIL, ADVOCATE)

AND:

THE STATE THROUGH NEW TOWN POLICE STATION, BIDAR – 585401. R/BY ADDL. SPP HIGH Court OF KARNATAKA, KALABURAGI – 585 107.

TUKARAM S/O BANDEPPA HANGARAGI, AGED ABOUT 64 YEARS, OCC: RETD. GOVT SERVANT, R/O: J. P. NAGAR, BIDAR – 585401.

…RESPONDENTS

(BY SRI. JAMADER SHAHABUDDIN, HCGP FOR R1; SRI. AVINASH A. UPLAONKAR ADV. FOR R2)

THIS CRIMINAL PETITION IS FILED U/S.482 OF CR.P.C., PRAYING TO QUASH THE IMPUGNED PROCEEDINGS IN C.C NO. 1867/2024 PENDING ON THE FILE OF II ADDL. SENIOR CIVIL JUDGE AND JMFC AT BIDAR PENDING BEFORE NEW TOWN P.S FOR THE OFFENCE UNDER SECTIONS 323, 448, 504 & 506 R/W 149 OF INDIAN PENAL CODE BASED ON THE ORDER OF COGNIZANCE DATED 13.11.2024 ARISING OUT OF CRIME NO. 137/2024 AS ILLEGAL AND ONE WITHOUT JURISDICTION, IN THE INTEREST OF JUSTICE AND EQUITY.

3 - NC: 2025:KHC-K:3686 CRL.P No. 200102 of 2025 C/W CRL.P No. 200299 of 2025

HC-KAR

IN CRIMINAL PETITION NO.200299 OF 2025

BETWEEN:

TUKARAM HANGARAGI S/O BANDEPPA, AGE:64 YEARS,

OCC: RETIRED GOVT. SERVANT,

SHOBHA HANGARAGI W/O TUKARAM HANGARAGI, AGE: 56 YEARS, OCC: HOUSEHOLD,

GUDDI SAHANA HANGARAGI D/O TUKARAM HANGARAGI, AGE: 23 YEARS, OCC: STUDENT (M.TECH),

SUMIT HANGARAGI S/O TUKARAM HANGARAGI, AGE: 31 YEARS, OCC: PRIVATE WORK, ALL RE: JP NAGAR COLONY, BIDAR TQ & DIST: BIDAR – 585 401.

…PETITIONERS

(BY SRI. AVINASH A. UPLOANKAR, ADVOCATE)

AND:

THE STATE THROUGH NEW TOWN POLICE STATION, BIDAR – 585401. R/BY ADDL. SPP HIGH Court OF KARNATAKA, KALABURAGI – 585 107.

PRATAP S/O ADVEPPA AGE: 70 YEARS, OCC: RETIRED PERSON, R/O: JP NAGAR COLONY, BIDAR, TQ & DIST: BIDAR – 585 401.

…RESPONDENTS

(BY SRI. JAMADER SHAHABUDDIN, HCGP FOR R1; SRI RAVI B. PATIL ADV. FOR R2)

4 - NC: 2025:KHC-K:3686 CRL.P No. 200102 of 2025 C/W CRL.P No. 200299 of 2025

HC-KAR

THIS CRIMINAL PETITION IS FILED U/S.482 OF CR.P.C., PRAYING TO EXERCISE INHERENT POWERS UNDER SECTION.482 CR.P.C,(258 OF BNSS), EXAMINE THE RECORDS AND QUASH THE PROCEEDINGS IN CC.NO.20/2025 (CRIME.NO.143/2024 OF NEW TOWN POLICE STATION BIDAR, DIST:BIDAR), FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 448, 323, 504, 506 READ WITH 34 OF IPC, IS PENDING ON THE FILE OF II ADDITIONAL SENIOR CIVIL JUDGE AND J.M.F.C COURT AT BIDAR, AGAINST THE PETITIONERS, IN THE INTEREST OF JUSTICE AND EQUITY.

THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL ORDER

(PER: HON'BLE MR. JUSTICE V SRISHANANDA)

Parties are present.

After some amount of deliberations, parties

agreed that, both the matters can be disposed of, they are interested to withdraw their respective complaints.

On enquiry, the Court is satisfied that, the

decision to withdraw the complaints against each other by the parties is voluntary, without any undue influence or coercion.

5 - NC: 2025:KHC-K:3686 CRL.P No. 200102 of 2025 C/W CRL.P No. 200299 of 2025

HC-KAR

Since the offence alleged against each other are

simple in nature and privy to the parties and has no serious impact on the society at large.

Following the dictum of Hon’ble Apex Court in the

case of Ramgopal and another Vs. State of Madhya Pradesh, reported in (2022) 14 SCC 531, by exercising the inherent power vested in this Court under Section 482 of Cr.P.C., both the complaints and further proceedings thereof, needs to be quashed. Hence, the following order:

ORDER

(i) Petitions allowed;

(ii) Pending criminal proceedings in

C.C.No.1867/2024 and C.C.No.20/2025 pending before the II Additional Senior Civil Judge and JMFC

Court, Bidar, are hereby quashed.

Sd/(V SRISHANANDA) JUDGE

SVH

List No.: 1 Sl No.: 32