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2025 Supreme(Online)(Kar) 20230
KARNATAKA HIGH COURT
S.VISHWAJITH SHETTY, J
BASAVARAJ S/O. DEVENDRAPPA @ DEVAPPA NAVALI – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
CRIMINAL PETITION NO. 102903 OF 2025|CRIMINAL PETITION NO. 102904 OF 2025|482(CR.PC)|528(BNSS)
For the Appellants/Petitioners:SRI. GOURISHANKAR H. MOT, ADVOCATE|SRI. HIRANKUMAR PATEL, ADVOCATE
For the Respondents:SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. HIRANKUMAR PATEL, ADVOCATE FOR R2 TO R5
Court can quash non-compoundable offences under Section 482 of Cr.P.C. based on settlement and community conduct.
Headnote:The petitions concern proceedings quashed under Section 482 of Cr.P.C. related to non-compoundable offences stemming from an incident on 13.09.2023. The Court finds that the parties, all local villagers, have amicably settled their dispute with the aid of community elders, indicating no undue influence in the settlement process. Despite the nature of the charges, the Court opts to exercise its inherent powers to discharge the petitions, endorsing a peaceful resolution in the community. 'Criminal Petitions are allowed.'
| Table of Content |
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| 1. facts surrounding the incidents and ongoing disputes are established. (Para 1 , 4 , 5 , 9) |
| 2. legal arguments around the nature of offences and settlement are presented. (Para 3 , 6) |
| 3. court discusses the implications of community resolution on the case. (Para 8 , 10) |
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) These two petitions arise between the same parties in respect of an incident that had taken place on 13.09.2023 at about 20:30 hours and therefore, they are heard together and disposed of by this common order with the consent of the learned advocates appearing for the parties.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.269/2023 was registered by Gadag Rural Police Station, Gadag for offences punishable under Sections 143 , 147, 323, 324, 504, 506 read with Section 149 of IPC and Sections 3(1)(r), 3(1)(s), 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, against the petitioners in Criminal Petition No.102903/2025 and after completing investigation, charge sheet has been filed in the said case, and the case is now pending before the Jurisdictional Sessions Court, in Spl.C. (SC/ST) No.37/2023. With a prayer to quash the entire proceedings in the said case, accused in Spl.C. (SC/ST) No.37/2023 are before this Court in Criminal Petition No.102903/2025.
HC-KAR
4. In respect of the very same incident that had taken place on 13.09.2023, a counter case was registered in Crime No.271/2023 by the very same Police Station, and after completing investigation, charge sheet has been filed in the said case for offences punishable under Sections 143 , 147, 323, 307, 448, 354, 504, 506 read with Section 149 of IPC and after committal, the said case is now pending before the Court of Principal District and Sessions Judge, Gadag in S.C. No.15/2025. Accused in S.C. No.15/2025 are before this Court in Criminal Petition No.102904/2025 with a prayer to quash the entire proceedings in the said case against them.
5. Learned counsels appearing for the private parties in the aforesaid two cases jointly submit that case and counter case has been filed in respect of the alleged incident that had taken place on 13.09.2023. Dispute between the parties has been amicably settled at the intervention of the well wishers and elders of both the parties and applications are now filed before this Court to permit the parties to compound the offences and the said applications are also supported by the HC-KAR affidavits of the victims in the aforesaid two cases. Accordingly, they pray to allow the petitions.
6. Per contra, learned HCGP has brought to the notice of this Court that the alleged offences are non-compoundable in nature.
7. Material on record would go to show that the incident in question had taken place on 30.09.2023 in the background of a petty issue of playing some songs during the village festival. In the said incident, both the parties had fought against each other and undisputedly the injured victims have suffered only simple injuries in the said incident. The parties to these two cases hail from the same village and it appears that they are residing in adjacent houses. It is under these circumstances, a settlement has been arrived between the parties at the intervention of the elders and the well wishers of both the parties. Parties who are present before the Court are identified by their respective advocates. It is submitted that the settlement arrived between the parties is voluntarily without there being any undue influence or coercion. The joint applications filed by the parties in these two cases are signed HC-KAR by them and also by their respective advocates. The said applications are also supported by separate affidavits filed on behalf of the victims in the present case. In the applications as well as in the affidavits, it has been specifically stated that the settlement between the parties is voluntary, without there being any undue influence o
