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2025 Supreme(Kar) 950
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
S. Vishwajith Shetty, J.
Krishnappa Kalappa Lamani And Ors. – Petitioner
Versus
The State Of Karnataka And Ors. - Respondents
Criminal Petition No. 102050 of 2025, Criminal Petition No. 101858 of 2025, Criminal Petition No. 102547 of 2025
Decided On : 16-09-2025
For the Petitioner:Sri. Harish S. Maigur, Advocate
For the Respondent:Smt. Girija S. Hiremath, HCGP, Sri. H.R. Latur, Advocate
The court upheld that cases stemming from a single incident should be tried together to prevent conflicting judgments, allowing inherent powers to quash only when necessary ingredients of the offense are absent.
Headnote:(A) BNS 2023 - Sections 189(2), 191(2), 191(3), 115(2), 118(1), 118(2), 109, 126(2), 333, 74, 352, 351(2), 190 - Criminal Procedure Code - Section 482 - Case and counter case arising from the same incident - The court affirmed that both cases should be tried together to prevent conflicting judgments, following principles laid down in prior judgments. (Paras 8, 9)
(B) Case and Counter Case - Procedure - Courts must ensure that cases stemming from a single incident are managed to avoid contradictions; investigation should be assigned to the same officer for consistency. (Paras 7, 9)
Facts of the case:
The incidents leading to the petitions occurred on 23.03.2025, resulting in offenses under multiple sections against both parties involved, with allegations supported by medical documents confirming injuries. (Paras 1, 6)
Findings of Court:
The court found no basis to quash proceedings as sufficient materials existed to prosecute the accused for the offenses alleged. (Paras 10, 11)
Issues: The key issue was whether the proceedings could be quashed given the existence of both a case and counter case from the same incident. (Paras 10)
Ratio Decidendi: The court emphasized the importance of managing related cases together to ensure coherent judicial outcomes, exercising discretion against quashing when sufficient grounds for prosecution exist. (Paras 10, 11)
Result: Criminal Petitions are dismissed.
| Table of Content |
|---|
| 1. incident details and investigations (Para 1 , 3 , 4 , 5 , 6) |
| 2. procedural guidelines for case and counter case (Para 7 , 8 , 9) |
| 3. conditions for quashing proceedings (Para 10) |
| 4. conclusion on petitions (Para 11) |
ORDER :
S. Vishwajith Shetty, J.
1. These three petitions arise out of an incident that had taken place on 23.03.2025 within the jurisdiction of Ramdurga Police Station, Belagavi district in respect of which, a case and counter case in Crime No.36 of 2025 and Crime No.37 of 2025 was registered by Ramdurga Police Station, Belagavi. Therefore, the above captioned three petitions are heard together and disposed off by this common order with the consent of the learned counsels appearing on both sides.
2. Heard learned counsel for the parties.
3. Perusal of the material on record would go to show that in respect of the alleged incident that had taken place on 23.03.2025, FIR in Crime No.36 of 2025 was registered by Ramdurga Police Station, Belagavi District, for offences punishable under Sections 189 (2), 191(2), 191(3), 115(2), 118(1), 118(2), 109, 126(2), 333, 74, 352, 351(2) & 190 of BNS 2023 against Krishnappa Kalappa Lamani and 19 others based on the first information dated 24.03.2024 submitted by Vinoda Somappa Patil. Accused in Crime No.36 of 2025 are before this Court in Criminal Petition No.102050 of 2025 and Criminal Petition No.102547 of 2025 with a prayer to quash the entire proceedings in Crime No.36 of 2025 registered by Ramdurga Police Station, Belagavi for offences punishable under Sections 189 (2), 191(2), 191(3), 115(2), 118(1), 118(2), 109, 126(2), 333, 74, 352, 351(2) & 190 of BNS 2023.
4. In respect of the very same incident that had taken place on 23.03.2025, FIR in Crime No.37 of 2025 was registered by Ramdurga Police Station, Belagavi for offences punishable under Sections 189 (2), 191(2), 191(3), 115(2), 118(1), 118(2), 126(2), 351(2), 352 & 190 of BNS 2023 based on the first information dated 25.03.2025 received from Krishnappa Kalappa Lamani against Vinod Somappa Patil and others.
5. Petitioners in Criminal Petition No.101858 of 2025 are accused in Crime No.37/2025 who are before this Court with the prayer to quash the entire proceedings in Crime No. 37 of 2025 registered by Ramdurga Police Station, Belagavi for offences punishable under Sections 189 (2), 191(2), 191(3), 115(2), 118(1), 118(2), 126(2), 351(2), 352 & 190 of BNS 2023.
6. Perusal of the material on record would go to show that in the incident in question that had taken place on 23.03.2025, members of both the parties had fought against each other and both the parties have suffered injuries, which is supported by medical document. Since there is a case and a counter case in respect of the alleged incident that had taken place on 23.03.2021, the incident in question is not in dispute in which members of both the parties have suffered injuries.
7. A case and counter case are criminal cases originating from a single incident that had taken place in any particular area at a specified time or at the same time. Though the Code of Criminal Procedure or any other statute does not provide as to how the case and counter cases have to be investigated or tried, the courts in order to prevent conflicting decisions with regard to one incident, have laid down the principles as to how investigation has to be done in a case and counter case and how the case and counter case are required to be tried.
8. The Hon'ble Supreme Court in the case of NATHI LAL & OTHERS VS STATE OF U.P. reported in (1990) Supp. SCC 145 , has laid down certain procedures to be followed by the courts in a case and counter case. The said judgment was followed in the subsequent judgment in the case of STATE OF M.P. VS MISHRILAL reported in (2003)9 SCC 426 , and the Hon'ble Supreme Court has held that the case and counter case should be tried together by the same court irrespective of the nature of offence involved. The rational behind this is to avoid conflicting j
