Dismissed¶68

Kamagond and Ors. v. the State of Karnataka and Anr.

Karnataka HC1 Jul 2025CRL.P/200422/2025

Case brief

AI extract

What is this about?

Keywords: quashing of FIR; case and counter case; cross-complaints/cross-FIRs; amicable settlement; Section 528 BNSS 2023; Section 482 Cr.P.C.; BNS Ss.115(2), 118(1), 190, 329(4), 351(2), 352; Kamalanagar/Kamalnagar Police Station, Bidar; same/single Investigating Officer; Full Bench of Karnataka High Court; Hosakeri Ningappa @ Lingappa; ILR 2012 KAR 509; Crime No.134/2024; Crime No.133/2024; CRL.P No.200422 of 2025; CRL.P No.201004 of 2025; petitions dismissed; Senior Civil Judge & JMFC Aurad; Kalaburagi Bench; NC: 2025:KHC-K:3530.

What did the court decide?

Where there is a case and counter case and no amicable settlement among the parties, quashing of the FIR is impermissible, following the principles enunciated by the Full Bench of this Court in State Of Karnataka vs. Hosakeri Ningappa @ Lingappa, ILR 2012 KAR 509. ¶63

Kamagond and Ors. Vs the State of Karnataka and Anr. — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

¶68

Issue for consideration

Whether the FIR and complaint in Crime No.134/2024 and the counter FIR/complaint in Crime No.133/2024 (a case and counter case) can be quashed under Section 528 BNSS / Section 482 Cr.P.C. in the absence of amicable settlement between the parties. +1 more

¶63

Court's answer

¶63

Ratio / Principle

Both cross-cases (Crime Nos. 134/2024 and 133/2024) shall be investigated by the one and the same Investigating Officer of Kamlanagar police station, Bidar district, strictly in accordance with the directions issued by the Full Bench of this Court in Hosakeri Ningappa @ Lingappa (supra), who shall file an appropriate final report.

¶69

Key takeaways

In view of the disposal (dismissal) of the main petitions, pending application(s), if any, do(es) not survive for consideration.ratio¶75

Detailed headnote1 paragraphs

Cross-FIR situation — quashing refused: Criminal Petitions under S.528 BNSS (S.482 Cr.P.C. old) by rival family groups (Metre families of Belakuni/Belkuni village, Kamalnagar Taluk, Bidar) sought quashing of FIRs arising out of a complaint and counter-complaint at Kamalanagar/Kamalnagar Police Station — Crime No.134/2024 (offences u/Ss.115(2), 118(1), 351(2), 352 r/w 190 BNS) and counter Crime No.133/2024 (u/Ss.115(2), 118(1), 190, 329(4), 351(2), 352 BNS) — both pending before Senior Civil Judge & JMFC, Aurad. Parties present but no possibility of amicable settlement. Following the Full Bench principles in State Of Karnataka vs. Hosakeri Ningappa @ Lingappa, ILR 2012 KAR 509, the Court held that quashing of an FIR is impermissible where there is a case and counter case without amicable settlement. Both petitions DISMISSED; both cases to be investigated by the one and the same Investigating Officer of Kamlanagar police station strictly per the Full Bench directions, with filing of an appropriate final report; pending applications, if any, do not survive. (Kalaburagi Bench, 01.07.2025; NC: 2025:KHC-K:3530)

¶1

1 - NC: 2025:KHC-K:3530 CRL.P No. 200422 of 2025 C/W CRL.P No. 201004 of 2025

¶2

HC-KAR

¶3

IN THE HIGH COURT OF KARNATAKA,

¶4

KALABURAGI BENCH

¶5

DATED THIS THE 1^ST DAY OF JULY, 2025

¶6

BEFORE

¶7

THE HON'BLE MR. JUSTICE V SRISHANANDA

¶8

CRIMINAL PETITION NO.200422 OF 2025

¶9

(482(Cr.PC)/528(BNSS))

¶10

C/W

¶11

CRIMINAL PETITION NO.201004 OF 2025

¶12

(482(Cr.PC)/528(BNSS))

¶13

IN CRL.P.NO.200422/2025:

¶14

BETWEEN:

¶15

Digitally signed by SUMITRA SHERIGAR Location: HIGH COURT OF KARNATAKA

¶16

KAMAGOND S/O DIGAMBER METRE, AGE:36 YEARS, OCC: FARMER, R/O. BELAKUNI (B), TQ.KAMALANAGAR, DIST.BIDAR–585443.

¶17

SWATI W/O SANGAMESH METRE, AGE:28 YEARS, OCC: HOUSE-WIFE, R/O. BELAKUNI (B), TQ.KAMALANAGAR, DIST.BIDAR–585443.

¶18

VIDYAVATI W/O CHANNAPPA METRE, AGE:50 YEARS, OCC: HOUSE-WIFE, R/O. HUNAJI (J) VILLAGE, TQ. BHALKI, DIST.BIDAR–585328.

¶19

DIGAMBAR S/O RAYAPPA METRE, AGE:80 YEARS, OCC: FARMER, R/O. BELAKUNI (B),

¶20

2 - NC: 2025:KHC-K:3530 CRL.P No. 200422 of 2025 C/W CRL.P No. 201004 of 2025

¶21

HC-KAR

¶22

TQ.KAMALANAGAR, DIST.BIDAR-585443.

¶23

…PETITIONERS

¶24

(BY SRI SHARANABASAPPA K. BABSHETTY, ADVOCATE)

¶25

AND:

¶26

THE STATE OF KARNATAKA, THROUGH KAMALANAGAR POLICE STATION, DIST.BIDAR, REPRESENTED BY, THE ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, KALABURAGI BENCH–585107.

¶27

SHIVKUMAR S/O NIVARTI METRE, AGE:51 YEARS, OCC: FARMER, R/O. BELAKUNI (B), TQ.KAMALANAGAR, DIST.BIDAR – 585443.

¶28

…RESPONDENTS

¶29

(BY SRI JAMADAR SHAHABUDDIN, HCGP FOR R1; SMT. LAKSHMI G.E., ADVOCATE FOR R2)

¶30

THIS CRL.P IS FILED UNDER SECTION 528 OF BNSS,2023 PRAYING TO ALLOW THIS PETITION AND QUASH THE REGISTRATION OF FIR AND COMPLAINT REGISTERED AGAINST THE PETITIONERS FOR THE OFFENCE PUNISHABLE U/SEC. 115(2), 118(1), 351(2), 352 R/W SEC. 190 BNS ACT, BY THE KAMALANAGAR P.S., DIST. BIDAR, NOW CASE PENDING BEFORE THE SENIOR CIVIL JUDGE AND JMFC COURT AT AURAD, DIST BIDAR, IN CRIME NO.134/2024.

¶31

IN CRL.P.NO.201004/2025:

¶32

BETWEEN:

¶33

SHIVAKUMAR S/O NIVARTI METRE,

¶34

3 - NC: 2025:KHC-K:3530 CRL.P No. 200422 of 2025 C/W CRL.P No. 201004 of 2025

¶35

HC-KAR

¶36

AGE:51 YEARS, OCC: FARMER, R/O. BELKUNI (B), TQ. KAMALNAGAR, DIST. BIDAR-585401.

¶37

SONI D/O SANGRAM METRE, AGE:25 YEARS, OCC: HOUSE HOLD, R/O. BELKUNI (B), TQ. KAMALNAGAR, DIST. BIDAR-585401.

¶38

PRIYANKA D/O SANGRAM METRE, AGE:23 YEARS, OCC: HOUSE HOLD, R/O. BELKUNI (B), TQ. KAMALNAGAR, DIST. BIDAR-585401.

¶39

SUNITA W/O SANGRAM METRE, AGE:50 YEARS, OCC: HOUSEWIFE, R/O. BELKUNI (B), TQ. KAMALNAGAR, DIST. BIDAR-585401.

¶40

SANGRAM S/O NIVARTI METRE, AGE:54 YEARS, OCC: FARMER, R/O. BELKUNI (B), TQ. KAMALNAGAR, DIST. BIDAR-585401.

¶41

…PETITIONERS

¶42

(BY SMT. LAKSHMI G.E., ADVOCATE)

¶43

AND:

¶44

THE STATE OF KARNATAKA, BY ITS KAMALNAGAR POLICE STATION, REP BY ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, KALABURAGI BENCH, KALABURAGI 585103.

¶45

PRAYAGABAI W/O DIGAMBER METRE, AGE:79 YEARS, OCC: HOUSEWIFE, R/O. BELAKUNI (B) VILLAGE, TQ. KAMALNAGAR, DIST. BIDAR-585401.

¶46

…RESPONDENTS

¶47

(BY SRI JAMADAR SHAHABUDDIN, HCGP FOR R1; R2 SERVED)

¶48

4 - NC: 2025:KHC-K:3530 CRL.P No. 200422 of 2025 C/W CRL.P No. 201004 of 2025

¶49

HC-KAR

¶50

THIS CRL.P IS FILED UNDER SECTION 482 OF CR.P.C.(OLD) U/SEC 528 OF BNSS, PRAYING TO, ALLOW THIS PETITION AND THEREBY QUASH THE IMPUGNED COMPLAINT AND FIR IN CRIME NO.133/2024 FOR OFFENCE PUNISHABLE U/SEC 115(2), 118(1), 190, 329(4), 351(2), 352 OF BNS ACT NOW PENDING ON THE FILE OF HON’BLE SENIOR CIVIL JUDGE AND JMFC COURT AT AURAD.

¶51

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

¶52

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

¶53

ORAL ORDER

¶54

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

¶55

Parties are present. There is no possibility of amicable settlement.

¶56

Heard learned counsel for the petitioners and

¶57

learned High Court Government Pleader for the respondent – State.

¶58

These two matters are pending before the Trial

¶59

Court based on the complaint and counter complaint lodged in Crime No.134/2024 and in Crime No.133/2024 of Kamlanagar police station, Bidar district.

¶60

5 - NC: 2025:KHC-K:3530 CRL.P No. 200422 of 2025 C/W CRL.P No. 201004 of 2025

¶61

HC-KAR

¶62

Since there is a case and counter case,

¶63

quashing of FIR is impermissible in the absence of any amicable settlement among the parties in view of the principles of law enunciated by the Full Bench of this Court

¶64

in the case of State Of Karnataka vs. Hosakeri

¶65

Ningappa @ Lingappa reported in ILR 2012 KAR 509.

¶66

Accordingly, following order is passed:

¶67

ORDER

¶68

a) Both the petitions are dismissed.

¶69

b) Both the cases are to be investigated by the one and the same Investigation Officer of Kamlanagar police station, Bidar district, strictly in accordance with the directions

¶70

issued by the Full Bench of this Court in the

¶71

case of Hosakeri Ningappa @ Lingappa

¶72

referred to supra and file appropriate final report.

¶73