Bilalkhan S/o. Riyazahmed Jagirdar v. State of Karnataka, Vidyanagar Police Station, Hubballi, Rep. By Its State Public Prosecutor, High Court of Karnataka
2025-07-07
VENKATESH NAIK T.
body2025
DigiLaw.ai
ORDER : (VENKATESH NAIK T., J.) Heard Shri Gouri Shankar Mot., learned counsel for the petitioners, Shri Abhishek Malipatil., learned High Court Government Pleader for respondent No.1 – State and Sri. Hirankumar Patel., learned counsels for respondent No.2. 2. The petitioners/accused Nos.1 to 4 have filed the present petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS, 2023’) seeking to quash the entire proceedings in Crime No.83/2025 of Vidyanagar Police Station, pending on the file of the learned I-Additional Civil Judge and JMFC at Hubballi, for the offences punishable under Sections 189(2), 191(2), 191(3), 118(2), 126(2), 54, 109, 352, 351(2) and 190 of Bharatiya Nyaya Sanhita, 2023. 3. Brief facts of the prosecution case is as under: The de facto complainant-respondent No.2 lodged the complaint against petitioners-accused Nos.1 to 4, alleging that on 15.06.2025 at about 2:00 p.m, on a public road, near Unkal lKoogu Basappa’s Katte, these petitioners and others picked up quarrel with the de facto complainant, abused him in filthy language and assaulted with soda bottle on his forehead, head, face, etc., thereby causing severe injuries. Thereafter, the injured was shifted to the hospital, where, he lodged complaint. Based on the complaint, police have registered a case in Crime No.83/2025 for the aforesaid offences. 4. During the course of investigation, the petitioners were arrested and in turn, remanded to judicial custody. Taking exception to the same, these petitioners/accused No.1 to 4 filed this petition to quash the entire proceedings. 5. Now, the de facto-complainant and the petitioners have resolved the issues held between them. In view of settlement, the petitioners and de facto complainant-respondent No.2 have filed a joint application under Section 359 (6) and (8) of BNSS, 2023.
Taking exception to the same, these petitioners/accused No.1 to 4 filed this petition to quash the entire proceedings. 5. Now, the de facto-complainant and the petitioners have resolved the issues held between them. In view of settlement, the petitioners and de facto complainant-respondent No.2 have filed a joint application under Section 359 (6) and (8) of BNSS, 2023. The contents of joint application read as under: “Herein the advocate for the accused No.1 to 4/petitioners and the respondent No.2 submits before this Hon'ble Court as follows; 1) That, in view of the intervention of elders the accused No.1 & 2 /petitioners, respondent No: 2 have mutually agreed to the following terms and conditions mentioned below; 2) That, the respondent no: 2/ complainant had lodged the complaint against the accused No.1 to 4/ petitioners in Vidyanagar Police Station in Crime No: 0083/2025 for the offence punishable 189(2), 191(2), 191(3), 118(2), 126(2), 54, 109, 352, 351(2), 190 of Bharatiya Nagarik Suraksha Sanhita 2023 pending on the file of Hon'ble court of 1st Additional Civil Judge & JMFC., At: Hubballi in Vidyanagar Ps Crime No.83/2025 the dispute as aroused between the petitioners, respondent no: 2 have compromised the matter amicably. Hence in view of the same the petitioners have filed this petition quashing of entire proceeding. 3) The petitioners, respondent no: 2 at the intervention of the well-wishers and the elderly members of both the side family members decided to put an end to the dispute between them and accordingly arrived at a settlement of dispute and same is without their being any undue influence, coercion or threat from anybody out of their free will & wish, respondent no: 2 agreed to not to prosecute any other criminal cases nor the above case as same is in personal in nature, accordingly to facilitate compounding of the said offences alleged by the respondent no: 2 against the petitioners herein the above mentioned petition is filed. 4) That the respondent No.2 had received sum of Rs.20,000/- today & also has agreed to close the proceedings as mentioned against the petitioners & also agreed to give up all their claims in respect of said cases as the dispute is in respect of personal in nature the alleged Injury. Hence it is just and necessary to permit the petitioners, respondent no: 2 to compound the said case instead of subjecting the petitioners to face the trial.
Hence it is just and necessary to permit the petitioners, respondent no: 2 to compound the said case instead of subjecting the petitioners to face the trial. 5) In view of the above settlement between petitioners, respondent no: 2. The respondent no: 2/ injured is filing the affidavit along with this Joint memo of compromise. THEREFORE, the petitioners / accused no: 1 to 4, respondent No.2/ complainant / injured humbly prays that, this Hon'ble Court may kindly be pleased to allow the petition and grant permission to compound the said offences and consequently QUASH the further proceeding against the Accused No.1 to 4 / petitioners as in Vidyanagar Police Station in Crime No: 0083/2025 for the offence punishable 189(2), 191(2), 191(3), 118(2), 126(2), 54, 109, 352, 351(2), 190 of Bharatiya Nagarik Suraksha Sanhita - 2023 pending on the file of Hon'ble court of 1st Additional Civil Judge & JMFC., At: Hubballi in Vidyanagar Ps Crime No.83/2025 and may please to Acquit the said accused no: 1 to 4/petitioners, in the ends of justice.” 6. In view of compromise, the petitioners have paid a sum of Rs.20,000/- as compensation to the de facto complainant/respondent No.2 and he has acknowledged the receipt of aforesaid amount. In support of the joint application, the de facto complainant-respondent No.2 has filed an affidavit. The contents of affidavit reads as under; “AFFIDAVIT Shri. Imran S/o Imtiyaz Manivar, Age: 32 Yrs, Occ; Labourer, R/At: Divatagi Oni, Near Fish Market, Old Hubballi, Now R/At: Sainagar, Unkal,Tq: Hubballi, Dist: Dharwad - 580 021.Today at Dharwad. I do hereby state on oath as under; 1) I state that, I am the complainant /respondent no: 2 in the above said case. 2) I state that, in view of the intervention of elders the I & petitioners have mutually agreed to the following terms and conditions mentioned below. 3) I state that, I had lodged the complaint against petitioners /accused no. 1 to 4 before the Vidyanagar Police Station in Crime No: 0083/2025 for the offence punishable offence punishable 189(2), 191(2), 191(3), 118(2), 126(2), 54, 109, 352, 351(2), 190 of Bharatiya Nagarik Suraksha Sanhita, 2023 pending on the file of Hon'ble court of 1st Additional Civil Judge & JMFC., At: Hubballi in Vidyanagar Ps Crime No. 83/2025 the dispute as aroused between the accused no. 1 104 / petitioners & have compromised the matter amicably.
1 104 / petitioners & have compromised the matter amicably. Hence in view of the same the petitioners have filed this petition quashing of entire proceedings. 4) I further state that, I have agreed to close the proceedings as mentioned against the petitioners, I have also agreed to Give up all my claims in respect of said cases as arouse in the dispute. Further it is submitted that since the dispute between the petitioners and me has been settled amicably and I have agreed not to prosecute / contest the above-mentioned case against the petitioners / accused no. 1 to 4. Hence, it is just and necessary to permit the petitioners and I to compound the said case instead of subjecting the petitioners to face the trial. THEREFORE, I humbly pray before this Hon'ble Court may kindly be pleased to allow the petition as prayed by the petitioners / accused no. 1 to 4 in terms of joint application, in the ends of justice.” 7. The petitioners have contended that the injuries sustained by the complainant and injured persons are minor in nature, and the offences arises out of a personal and private dispute, with no element of public interest or serious criminality involved. 8. In view of the above facts and considering the judgment of the Apex Court in the case of Narinder Singh and Others Vs. State of Punjab and Another (Narider Singh), 2014 (6) SCC 466 , where it was held that the criminal proceedings involving personal disputes and minor injuries can be quashed upon genuine compromise to secure the ends of justice. The Apex Court observed that the Courts have power under Section 482 of Cr.P.C (528 of BNSS) to quash criminal proceedings even in non-compoundable offences if the parties have settled the matter amicably, especially where the dispute is private and personal in nature. Therefore, considering the principles laid down in Narinder Singh’ s case, this Court is of the view that continuation of trial would not serve useful purpose and this case is fit for quashing the proceedings. Accordingly, the following: ORDER i. The criminal petition is allowed. ii.
Therefore, considering the principles laid down in Narinder Singh’ s case, this Court is of the view that continuation of trial would not serve useful purpose and this case is fit for quashing the proceedings. Accordingly, the following: ORDER i. The criminal petition is allowed. ii. The entire proceedings in Crime No. 83/2023 of Vidyanagar Police Station, pending on the file of learned 1 st Additional Civil Judge and JMFC, Hubballi, for the offences punishable under Sections 189(2), 191(2), 191(3), 118(2), 126(2), 54, 109, 352, 351(2) and 190 of Bharatiya Nyaya Sanhita, 2023, are hereby quashed. iii. Since, the petitioners are in judicial custody, the concerned police authorities are directed to release accused Nos.1 to 4, if they are not required in any other criminal proceedings. iv. Pending IA’s, if any, stands disposed off.