C F Iresh Vs the State of Karnataka — Karnataka HC (2026) — LawSathi Research

C F Iresh Vs the State of Karnataka — Karnataka HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

All six petitions dismissed without quashing relief. Petitioners are at liberty to canvass all favourable points and place relevant documents on record as per law in the cases wherein they are the accused persons, strictly per the Hoskeri Ningappa (supra) guidelines; interim protection, if any, continued in force till 10.02.2026 to enable the petitioners to obtain necessary orders from the competent Court.

Issue for consideration

Whether the pending criminal proceedings arising from allegations and counter-allegations exchanged among the petitioners and respondents - prima facie a case and counter-case concerning an incident within Sirsi New Market Police Station limits - can be quashed under Section 482 of the Code of Criminal Procedure / Section 528 BNSS 2023. +1 more

Court's answer

In these case-and-counter-case situations, unless there is a true compromise of the dispute between the parties, the Court cannot exercise its power under Section 482 of the Code of Criminal Procedure to quash the pending criminal proceedings - in view of the authoritative principles of law enunciated by the Hon'ble Full Bench of this Court in State of Karnataka, Circle Inspector of Police vs. Hoskeri Ningappa - and accordingly no relief can be granted in these petitions.

Ratio / Principle

One and the same Investigating Officer, namely the Deputy Superintendent of Police (Dy.S.P.), is required to investigate all the matters and file appropriate final reports before the competent Court, and the cases are to be tried as case and counter-case strictly in accordance with the guidelines issued in Hoskeri Ningappa (supra).

Key takeaways

Reserving liberty to the parties to put forth their respective defences strictly in accordance with the guidelines issued in Hoskeri Ningappa (supra), no relief can be granted in these petitions.ratio¶107
Any interim protection granted in these petitions shall remain in force till 10.02.2026, to facilitate all the petitioners in obtaining necessary orders from the competent Court.ratio¶117

Detailed headnote1 paragraphs

Six criminal petitions (Crl.P. Nos. 104740, 104658, 104685, 104741, 104742 and 104779 of 2025), filed under S.528 BNSS 2023 / S.482 Cr.P.C. by practising advocates of Sirsi and connected parties, sought quashing of the FIRs/proceedings in Crime Nos. 0132/2025, 133/2025 and 134/2025 of Sirsi New Market Police Station - offences printed under BNS 2023 provisions (74, 109, 62, 115(2), 351(2), 352 r/w 3(5)) and SC-ST (PoA) provisions (3(1)(r), 3(1)(s), 3(2)(va), 3(2)(v)) - arising from mutual allegations and counter-allegations treated prima facie as case and counter-case. Held, dismissing the petitions: (i) unless there is a true compromise between the parties, the Court cannot exercise its power under S.482 Cr.P.C. to quash the pending criminal proceedings in such case-and-counter-case situations, in view of the authoritative principles enunciated by the Full Bench of this Court in State of Karnataka, Circle Inspector of Police v. Hoskeri Ningappa (ILR 2012 Kar 509); (ii) one and the same Investigating Officer, the Dy.S.P., must investigate all the matters and file appropriate final reports before the competent Court, and the cases must be tried as case and counter-case strictly in accordance with the Hoskeri Ningappa guidelines; (iii) liberty reserved to the parties to canvass their defences and place documents on record as per law; (iv) interim protection, if any, extended till 10.02.2026 to enable the petitioners to obtain necessary orders from the competent Court. (Per V. Srishananda, J.)

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HC-KAR

NC: 2026:KHC-D:1088 CRL.P No. 104740 of 2025 C/W CRL.P No. 104658 of 2025 CRL.P No. 104685 of 2025 AND 3 OTHERS

IN THE HIGH COURT OF KARNATAKA AT DHARWAD

DATED THIS THE 28^TH DAY OF JANUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE V.SRISHANANDA

CRIMINAL PETITION NO. 104740 OF 2025

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

C/W

CRIMINAL PETITION NO. 104658 OF 2025 CRIMINAL PETITION NO. 104685 OF 2025 CRIMINAL PETITION NO. 104741 OF 2025 CRIMINAL PETITION NO. 104742 OF 2025 CRIMINAL PETITION NO. 104779 OF 2025

IN CRL.P NO. 104740/2025 BETWEEN:

MANJUNATH NAIK AGED ABOUT 49 YEARS, OCC. ADVOCATE, R/O. SIRSI COURT, TQ. SIRSI, DIST. UTTARA KANNADA

…PETITIONER

(BY SRI. S.G. KADADAKATTI, ADVOCATE)

Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench.

AND:

THE STATE OF KARNATAKA SIRSI NEW MARKET POLICE STATION R/BY ADDL. PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD BENCH-580011.

CHANDRAKANT PAVAR AGED ABOUT 31 YEARS, OCC. ADVOCATE, R/O. KALAGAR, TQ. SIRSI, DIST. UTTARA KANNADA-581401.

…RESPONDENTS

(BY SMT. KIRTILATA R. PATIL, HCGP FOR R1;

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NC: 2026:KHC-D:1088 CRL.P No. 104740 of 2025 C/W CRL.P No. 104658 of 2025 CRL.P No. 104685 of 2025 AND 3 OTHERS

HC-KAR

SRI. GIRISH YADAWAD, ADVOCATE FOR R2)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF BNSS 2023, PRAYING TO QUASH THE PROCEEDINGS IN CRIME NO. 134/2025 AGAINST ACCUSED NO.2 PENDING OF THE FILED OF DISTRICT AND SESSIONS JUDGE, UTTARAKANNADA DIST. KARWAR FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 74, 109, 62, 115(2), 352, 351, 351(2) R/W. 3(5) OF BNSS OF 2023 AND U/S 3(1)(r), 3(1)(s), 3(2)(va), 3(2)(v) OF PREVENTION OF ATROCITY AGAINST SC AND ST ACT 2015 BY SIRSI NEW MARKET POLICE STATION, UTTAR KANNADA DISTRICT IN SO FAR AS PETITIONERS ARE CONCERNED BY ALLOWING THIS PETITION IN THE INTEREST OF JUSTICE.

IN CRL.P NO. 104658/2025 BETWEEN:

SMT. SAVITA D. AITAL AGED 45 YEARS, OCC. LEGAL PRACTITIONER, R/O. SHRI MARIKAMBA KRUPA, MARIKAMBA COLONY, OPP. SAMIKSHA AYURVEDALAYA, HULEKAL ROAD, SIRSI, DIST. UTTAR KANNADA 581401.

...PETITIONER

(BY SRI. GIRISH A. YADAWAD, ADVOCATE)

AND:

STATE OF KARNATAKA REPRESENTED BY ADDITIONAL STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD, THROUGH SIRSI MARKET PS, UTTAR KANNADA 581403.

C.F. IRESH AGE. 49 YEARS, OCC. LEGAL PRACTITIONER, R/O. MARATIKOPPA, SIRSI, DIST. UTTAR KANNADA 581401.

...RESPONDENTS

(BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. S.G. KADADAKATTI, ADVOCATE FOR R2)

THIS CRIMINAL PETITIONIS FILED U/S 482 OF CR.P.C. (528 OF BNSS), SEEKING TO QUASH THE COMPLAINT DATED

NC: 2026:KHC-D:1088 CRL.P No. 104740 of 2025 C/W CRL.P No. 104658 of 2025 CRL.P No. 104685 of 2025 AND 3 OTHERS

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HC-KAR

16.11.2025 FILED BY THE RESPONDENT NO.2 AND THE CONSEQUENT FIR IN CRIME NO. 0132/2025 REGISTERED BY THE SIRSI NEW MARKET POLICE STATION AGAINST THE PETITIONER (ACCUSED NO. 3) FOR THE OFFENCES PUNISHABLE UNDER SECTION 3(1) (R),3(1) (s), 3(2) (va) OF SCHEDULE CASTE AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) AMENDMENT ORDINANCE, 2014 AND SECTIONS 115(2) , 351(2) , 3(5) AND 352 OF BHARATIYA NYAYA SANHITA 2023, PENDING ON THE FILE OF DISTRICT MAGISTRATE UTTAR KANNADA DIST KARWAR, IN SO FAR AS IT PERTAINS TO PETITIONER (ACCUSED NO. 3).

IN CRL.P NO. 104685/2025 BETWEEN:

SRI RAGHAVENDRA S. HOSUR AGED ABOUT 45 YEARS, OCC. ADVOCATE R/O VIVEKANAND NAGAR,

SIRISI TQ SIRSI, DIST UTTARA KANNADA 581402.

SRI RAJESH V. SHETTY AGED ABOUT 55 YEARS, OCC. ADVOCATE, R/O. NEAR H.P.S MARIGUDI RAMANBAIL, SIRSI, TQ SIRSI DIST UTTARA KANNADA 581401.

...PETITIONERS

(BY SRI. ANNESAHEB SHALAGAR, ADVOCATE)

AND:

THE STATE OF KARNATAKA THROUGH SIRISI NEW MARKET POLICE STATION, R/BY HCGP, HIGH COURT BUILDING, BENCH DHARWAD, DHARWAD 580011.

C.F. IRESH AGED ABOUT 49 YEARS, OCC ADVOCATE PRESENTLY R/O MARATIKOPPA, SIRSI TQ SIRSI DIST UTTARA KANNADA.

...RESPONDENTS

(BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; NOTICE SERVED TO R2)

THIS CRIMINAL PETITION IS FILED U/S. 528 OF BNSS, 2023/ U/SE. 428 OF CR.P.C. SEEKING TO QUASH THE FIR AND COMPLAINT AND ALL FURTHER PROCEEDINGS DATED IN CRIME

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NO.132/2025 16/11/2025 REGISTERED BY NEW MARKET POLICE STATION, SIRSI, AT THE INSTANCES OF RESPONDENT NO.2 FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 3(1)(r), 3(1)(s), 3(2)(va) OF THE SC/ST (POA) ACT AND SECTIONS 115(2), 351(2), 352, 3(5) OF BNS, 2023 PENDING BEFORE THE DISTRICT MAGISTRATE, UTTARA KANNADA DISTRICT, KARWAR AGAINST THE PETITIONERS/ ACCUSED NO 1 AND 2 ARE CONCERNED.

IN CRL.P NO. 104741/2025 BETWEEN:

KESHAV GANAPATI HEGADE AGE. 69 YEARS, ADVOCATE, R/O. SINGANAMANE, POST. BALEGADDE, SIRSI TQ. DIST. UTTARA KANNADA.

...PETITIONER

(BY SRI. S.G. KADADAKATTI, ADVOCATE)

AND:

THE STATE OF KARNATAKA SIRSI NEW MARKET POLICE STATION R/BY ADDL. PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD BENCH-580011.

CHANDRAKANT PAWAR AGED ABOUT 31 YEARS, OCC. ADVOCATE, R/O. KALAGAR, TQ. SIRSI, DIST. UTTARA KANNADA-581401.

...RESPONDENTS

(BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. GIRISH YADAWAD, ADVOCATE FOR R2)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF BNSS 2023, PRAYING TO QUASH THE PROCEEDINGS IN CRIME NO. 134/2025 AGAINST ACCUSED NO.2 PENDING OF THE FILED OF DISTRICT AND SESSIONS JUDGE, UTTARAKANNADA DIST. KARWAR FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 74, 109, 62, 115(2), 352, 351, 351(2) R/W.

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HC-KAR

3(5) OF BNSS OF 2023 AND U/S 3(1)(r), 3(1)(s), 3(2)(va), 3(2)(v) OF PREVENTION OF ATROCITY AGAINST SC AND ST ACT 2015 BY SIRSI NEW MARKET POLICE STATION, UTTAR KANNADA DISTRICT IN SO FAR AS PETITIONERS ARE CONCERNED BY ALLOWING THIS PETITION IN THE INTEREST OF JUSTICE.

IN CRL.P NO. 104742/2025 BETWEEN:

CHALAWADI FAKIRA IRESH AGED ABOUT 49 YEARS, OCC. ADVOCATE, R/O. SIRSI, T/Q. SIRSI 581401 DIST UTTARA KANNADA.

...PETITIONER

(BY SRI. S.G. KADADAKATTI.,ADVOCATE)

AND:

THE STATE OF KARNATAKA SIRSI NEW MARKET POLICE STATION REPRESENTED BY ADDL STATE PUBLIC PROSECUTOR HIGH COURT BUILDING DHARWAD BENCH 580011.

CHANDRAKANT PAWAR AGED ABOUT 31 YEARS, OCC. ADVOCATE R/O. KALAGAR,TQ SIRSI DIST UTTARA KANNADA 581401.

...RESPONDENTS

(BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. GIRISH YADAWAD, ADVOCATE FOR R2)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF BNSS 2023, PRAYING TO QUASH THE PROCEEDINGS IN CRIME NO. 134/2025 AGAINST ACCUSED NO.2 PENDING OF THE FILED OF DISTRICT AND SESSIONS JUDGE, UTTARAKANNADA DIST. KARWAR FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 74, 109, 62, 115(2), 352, 351, 351(2) R/W. 3(5) OF BNSS OF 2023 AND U/S 3(1)(r), 3(1)(s), 3(2)(va),

NC: 2026:KHC-D:1088 CRL.P No. 104740 of 2025 C/W CRL.P No. 104658 of 2025 CRL.P No. 104685 of 2025 AND 3 OTHERS

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HC-KAR

3(2)(v) OF PREVENTION OF ATROCITY AGAINST SC AND ST ACT 2015 BY SIRSI NEW MARKET POLICE STATION, UTTAR KANNADA DISTRICT IN SO FAR AS PETITIONERS ARE CONCERNED BY ALLOWING THIS PETITION IN THE INTEREST OF JUSTICE.

IN CRL.P NO. 104779/2025

BETWEEN:

C.F. IRESH AGED ABOUT MAJOR, OCC. ADVOCATE R/O SIRSI COURT, BAR ASSOCIATION, TQ. SIRSI, DIST UTTARA KANNADA

...PETITIONER

(BY SRI. S.G. KADADAKATTI, ADVOCATE)

AND:

THE STATE OF KARNATAKA SIRSI NEW MARKET POLICE STATION REPRESENTED BY ADDL. PUBLIC PROSECUTOR HIGH COURT BUILDING, DHARWAD BENCH 580011.

SMT. JYOTI MUKTESH GOUDA PATIL AGED MAJOR, OCC. ADVOCATE, R/O. VIVEKANAND NAGAR SIRSI, TQ. SIRSI, DIST UTTARA KANNADA 581 401.

...RESPONDENTS

(BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; NOTICE SERVED TO R2)

THIS CRIMINAL PETITION IS FILED U/S 528 OF BNSS 2023 (482 OFCRPC) SEEKING TO QUASH THE PROCEEDINGS IN CRIME NO 133/2025 PENDING ON THE FILE OF PRL CIVIL JUDGE (JR.DN) AND JMFC COURT SIRSI UTTAR KANNADA DIST, KARWAR FOR THE ALLEGED OFFENCE PUNISHABLE U/S 115(2), 351(2) 352 OF 74 OF BNS 2023 BY SIRSI NEW MARKET POLICE STATION, UTTARA KANNADA DISTRICT IN SO FAR AS PETITIONER IS CONCERNED BY ALLOWING THIS PETITION.

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NC: 2026:KHC-D:1088 CRL.P No. 104740 of 2025 C/W CRL.P No. 104658 of 2025 CRL.P No. 104685 of 2025 HC-KAR AND 3 OTHERS

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

ORAL ORDER

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

Heard Sri.Annesaheb Shalagar, Sri.S.G.Kadadakatti, and Sri.Girish Yadwad, for the parties.

In all these petitions, allegations and

counter-allegations have been made and therefore crimes have been registered, which can prima facie be treated as case and counter-case in respect of an unfortunate incident that occurred within the limits of Sirsi New Market Police Station, Uttara Kannada District.

Since the parties are not seeing eye to eye, and having regard to the nature of offences that has been alleged against each other, unless there is a true compromise of the dispute between the parties, this Court cannot exercise the power under Section 482 of the Code of Criminal Procedure to

quash the pending criminal proceedings, in view of the authoritative principles of law enunciated by the Hon'ble Full

8 - NC: 2026:KHC-D:1088 CRL.P No. 104740 of 2025 C/W CRL.P No. 104658 of 2025 CRL.P No. 104685 of 2025 HC-KAR AND 3 OTHERS

Bench of this Court in State of Karnataka, Circle Inspector

of Police vs. Hoskeri Ningappa¹ .

One and the same Investigation Officer, namely Deputy Superintendent of Police (Dy.S.P.), is required to investigate in all the matters and file appropriate final reports before the competent Court. The cases are to be tried as case and counter-case strictly in accordance with the guidelines issued in Hoskeri Ningappa (supra).

Therefore, reserving liberty to the parties to put forth their respective defences strictly in accordance with the guidelines issued in Hoskeri Ningappa (supra) , no relief can be granted in these petitions.

Hence, the following order:

ORDER

(i) The petitions are hereby dismissed . (ii) However, the petitioners are at liberty to canvass all favourable points and place on record the relevant documents as per law in the cases wherein they are the accused persons,

1 ILR 2012 KAR 509

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NC: 2026:KHC-D:1088 CRL.P No. 104740 of 2025 C/W CRL.P No. 104658 of 2025 CRL.P No. 104685 of 2025 AND 3 OTHERS

HC-KAR

strictly in accordance with the guidelines issued

in Hoskeri Ningappa (supra).

(iii) The interim protection granted, if any, in these petitions shall remain in force till 10.02.2026, to facilitate all the petitioners in obtaining necessary orders from the competent Court.

Sd/(V.SRISHANANDA)

JUDGE

RHR/LIST NO.: 2 SL NO.: 54