RUDRAPPA CHENNABASAPPA DUKRI vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
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CRL.P No. 102688 of 2026
CNR: KAHC020185672026
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 6 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL PETITION NO. 102688 OF 2026
(482(CR.PC)/528(BNSS)
BETWEEN:
1. RUDRAPPA CHENNABASAPPA DUKRI
AGE: 41 YEARS, OCC: LABOURER,
R/O. AVAROLLI, TQ: KHANAPUR,
DIST: BELAGAVI- 591131.
… PETITIONER
(BY SRI. SANKET SHANKRAPPA AMBALI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH NANDAGAD P.S.,
TQ: KHANAPUR, DIST: BELAGAVI,
REPRESENTED BY SPP DHARWAD- 580011.
2. ANUSAYA RUDRAPPA HANDUR
AGE: 42 YEARS, OCC: LABOURER,
R/O # 220 VITHAL MANDIR GALLI,
AVAROLLI, TQ: KHANAPUR,
DIST: BELAGAVI- 591131.
Digitally signed by
CHANDRASHEKAR
LAXMAN
KATTIMANI
Location: HIGH
COURT OF
KARNATAKA
DHARWAD
3. VICTIM
R/O # 220 VITHAL MANDIR GALLI,
AVAROLLI, TQ: KHANAPUR,
DIST: BELAGAVI- 591131.
… RESPONDENTS
(BY SRI. PRAVEENA Y. DEVAREDDIYAVARA, HCGP FOR R1,
MRS. G. ANUSHA, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED U/SEC 528 OF BNSS,
2023, PRAYING TO ALLOW THIS CRIMINAL PETITION AND QUASH
THE ENTIRE CRIMINAL PROCEEDINGS AGAINST THE PETITIONER
/ACCUSED IN S.C.NO.45/2023 (CRIME NO.127/2022 NANDAGAD PS)
PENDING ON THE FILE OF THE VIII ADDL. DISTRICT AND SESSIONS
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JUDGE BELAGAVI FOR OFFENCES PUNISHABLE UNDER SECTIONS
341,376(2)(L),450,506 OF IPC, 1860.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE VENKATESH NAIK T
ORAL ORDER
This petition is filed under Section 528 of BNSS, 2023
(Section 482 of Cr.P.C.) by the petitioner/accused seeking to
quash the entire proceedings in Crime No.127/2022 of
Nandagad Police Station, registered for the offences punishable
under Sections 341, 376(2)(L), 450, 506 of the Indian Penal
Code, 1860, pending on the file of learned VIII Additional
District and Sessions Judge, Belagavi in S.C.No.45/2023.
2. On the first information of the defacto complainant,
the case came to be registered against the petitioner in Crime
No.127/2022 for the aforesaid offences. Hence, taking
exception to the same, the petitioner has sought to quash the
entire proceedings.
3. In view of the settlement arrived at between the
parties, today both the parties have filed I.A.No.1/2026 under
Section 320 read with Section 482 of Cr.P.C. / Section 359 read
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with 528 of BNSS, 2023, for compounding of offences alleged.
The I.A. is filed by both the parties, signed by them and their
respective counsels. Learned HCGP, de-facto complainant,
petitioner/accused and their respective counsels are present.
The contents of the I.A. and affidavits read as follows:
“ APPLICATION UNDER SECTION 320 R/W SECTION 482
OF CRIMINAL PROCEDURE CODE/SECTION 359 R/W 528
OF B.N.S.S.
That for the reason stated in the accompanying affidavits
this Hon'ble Court may kindly permit the parties to
compound the proceedings in S.C. No.45/2023 pending
on the file of the Ld. VIII Addl. District and Sessions
Judge, Belagavi for offences punishable under Sections
341, 376(2)(L), 450, and 506 of the Indian Penal Code,
1860 arising out of Crime No.0127/2022 dated
01.12.2022 registered at Nandagad P.S., in the interest
of justice. ”
AFFIDAVIT FILED BY PETITIONER
(IN VIEW OF COMPROMISE)
I, Rudrappa Chennabasappa Dukri, Age:41 years, Occ:
Labourer, R/o: Avarolli village, Tq: Khanapur
Dist:Belagavi, today at Dharwad, do hereby solemnly
affirm and state on oath as under;
1. I state that I am Petitioner in the present petition and
I am well conversant with the facts of the case. I have
filed the present Criminal Petition seeking to quash the
entire criminal proceedings pending against me. I am
duly authorized and competent to swear this affidavit.
2. The above petition is filed seeking to quash the entire
proceedings initiated against Petitioner in S.C.
No.45/2023 pending on the file of the Ld. VIII Addl.
District and Sessions Judge Belagavi, for offences
punishable under Sections 341, 376(2)(L), 450, and 506
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of IPC arising out of crime no. 0127/2022 dated
01.12.2022 registered at Nandagad P. S. The averments
made in the petition may be read as part and parcel of
this affidavit.
3. During the pendency of the present Criminal Petition,
with the aid and intervention of elders, well-wishers, and
mutual acquaintances of both families, the Petitioner and
Respondent Nos. 2 and 3 have amicably settled and
compromised the entire dispute existing between them.
4. Respondent Nos. 2 and 3 have agreed to
compound/withdraw the allegations and have no
objection to quash S.C. No.45/2023 pending on the file
of the Ld. VIII Addl. District and Sessions Judge
Belagavi, for offences punishable under Sections 341,
376(2)(L), 450, and 506 of IPC arising out of crime no.
0127/2022 dated 01.12.2022 registered at Nandagad P.
S.
5. I state that, we have entered into the above
compromise without any coercion and undue influence.
WHEREFORE, I most respectfully pray that this Hon'ble
Court be pleased to allow the accompanying application,
in the interest of justice and equity.
AFFIDAVIT FILED BY RESPONDENT NO.2
(IN VIEW OF COMPROMISE)
“I, Anusaya Rudrappa Handur, Age:42 years, Occ:
Labourer, R/o:#220 Vitthal Mandir Galli, Avarolli village,
Tq:Khanapur Dist: Belagavi, today at Dharwad, do
hereby solemnly affirm and state on oath as under;
1. I state that I am Respondent No. 2/Complainant in
the present petition and I am well conversant with the
facts of the case. I am duly authorized and competent to
swear this affidavit.
2. The above petition is filed seeking to quash the entire
proceedings initiated against Petitioner in S.C.
No.45/2023 pending on the file of the Ld. VIII Addl.
District and Sessions Judge Belagavi, for offences
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punishable under Sections 341, 376(2)(L), 450, and 506
of IPC arising out of crime no. 0127/2022 dated at
Nandagad P.S.. The 01.12.2022 registered averments
made in the petition may be read as part and parcel of
this affidavit.
3. During the pendency of the present Criminal Petition,
with the aid and intervention of elders, well-wishers, and
mutual acquaintances of both families, the Petitioner and
Respondent No. 2 and 3 have amicably settled and
compromised the entire dispute existing between them.
4. That we have executed the joint application for
compounding voluntarily, out of our own free will and
volition, without any coercion or undue influence.
5. We have no objection to this Hon'ble Court quashing
the entire proceedings against the Petitioner in S.C.
No.45/2023 pending on the file of the Ld. VIII Addl.
District and Sessions Judge Belagavi, for offences
punishable under Sections 341, 376(2)(L), 450, and 506
of IPC arising out of Crime no. 0127/2022 dated
01.12.2022 registered at Nandagad P. S.
6. WHEREFORE, I most respectfully pray that this
Hon'ble Court be pleased to allow the accompanying
application, in the interest of justice and equity.”
AFFIDAVIT FILED BY VICTIM
(IN VIEW OF COMPROMISE)
“I, Laxmi Rudrappa Handur, Age:23 years, Occ: nil,
R/o:#220 Vitthal Mandir Galli, Avarolli village,
Tq:Khanapur Dist: Belagavi, today at Dharwad, do
hereby solemnly affirm and state on oath as under;
1. I state that I am Respondent No. 3/Victim in the
present petition and I am well conversant with the facts
of the case. I am duly authorized and competent to
swear this affidavit.
2. The above petition is filed seeking to quash the entire
proceedings initiated against Petitioner in S.C.
No.45/2023 pending on the file of the Ld. VIII Addl.
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CRL.P No. 102688 of 2026
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District and Sessions Judge Belagavi, for offences
punishable under Sections 341, 376(2)(L), 450, and 506
of IPC arising out of Crime no. 0127/2022 dated
01.12.2022 registered at Nandagad P. S., The averments
made in the petition may be read as part and parcel of
this affidavit.
3. During the pendency of the present Criminal Petition.
with the aid and intervention of elders, well-wishers, and
mutual acquaintances of both families, the Petitioner and
Respondent No. 2 and 3 have amicably settled and
compromised the entire dispute existing between them.
4. That we have executed the joint application for
compounding voluntarily, out of our own free will and
volition, without any coercion or undue influence.
5. We have no objection to this Hon'ble Court quashing
the entire proceedings against the Petitioner in S.C.
No.45/2023 pending on the file of the Ld. VIII Addl.
District and Sessions Judge Belagavi, for offences
punishable under Sections 341, 376(2) (L), 450, and 506
of IPC arising out of crime no. 0127/2022 dated
01.12.2022 registered at Nandagad P. S.
6. WHEREFORE, I most respectfully pray that this
Hon'ble Court be pleased to allow the accompanying
application, in the interest of justice and equity.”
4. Perused the complaint, FIR and charge sheet and
I.A. The allegations made in the complaint shows that there
was a dispute between the complainant and the accused and
same is settled as per the advice of the elders of both family
without any compulsion or coercion. Therefore, continuation of
the prosecution against the petitioner is not at all necessary
and that would be nothing but an abuse of process of law.
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Since the alleged offences are non-compoundable in nature, the
accused prayed to quash the proceedings and permit to
compound the offences. As the matter is settled between the
parties, it is just and necessary to invoke Section 482 of Cr.P.C.
to quash the entire proceedings.
5. The Hon'ble Supreme Court in the case of Narinder
Singh & Ors vs State Of Punjab & Anr reported in (2014) 6
SCC 466 at Para Nos.31 to 35 has held as under:
"31. In view of the aforesaid discussion, we sum up and
lay down the following principles by which the High Court
would be guided in giving adequate treatment to the
settlement between the parties and exercising its power
under Section 482 of the Code while accepting the
settlement and quashing the proceedings or refusing to
accept the settlement with direction to continue with the
criminal proceedings:
(I) Power conferred under Section 482 of the Code is to be
distinguished from the power which lies in the Court to
compound the offences under Section 320 of the Code. No
doubt, under Section 482 of the Code, the High Court has
inherent power to quash the criminal proceedings even in
those cases which are not compoundable, where the parties
have settled the matter between themselves. However, this
power is to be exercised sparingly and with caution.
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(II) When the parties have reached the settlement and on
that basis petition for quashing the criminal proceedings is
filed, the guiding factor in such cases would be to secure:
(i) ends of justice, or
(ii) to prevent abuse of the process of any Court.
While exercising the power the High Court is to form an
opinion on either of the aforesaid two objectives.
(III) Such a power is not be exercised in those prosecutions
which involve heinous and serious offences of mental
depravity or offences like murder, rape, dacoity, etc. Such
offences are not private in nature and have a serious
impact on society. Similarly, for offences alleged to have
been committed under special statute like the Prevention of
Corruption Act or the offences committed by Public
Servants while working in that capacity are not to be
quashed merely on NC: 2023:KHC-K:6872 the basis of
compromise between the victim and the offender.
(IV) On the other, those criminal cases having
overwhelmingly and pre-dominantly civil character,
particularly those arising out of commercial transactions or
arising out of matrimonial relationship or family disputes
should be quashed when the parties have resolved their
entire disputes among themselves.
(V) While exercising its powers, the High Court is to
examine as to whether the possibility of conviction is
remote and bleak and continuation of criminal cases would
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put the accused to great oppression and prejudice and
extreme injustice would be caused to him by not quashing
the criminal cases.
(VI) Offences under Section 307 IPC would fall in the
category of heinous and serious offences and therefore is to
be generally treated as crime against the society and not
against the individual alone. However, the High Court
would not rest its decision merely because there is a
mention of Section 307 IPC in the FIR or the charge is
framed under this provision. It would be open to the High
Court to examine as to whether incorporation of Section
307 IPC is there for the sake of it or the prosecution has
collected sufficient evidence, which if proved, would lead to
proving the charge under Section 307 IPC. For this
purpose, it would be open to the High Court to go by the
nature of injury sustained, whether such injury is inflicted
on the vital/delegate parts of the body, nature of weapons
used etc. Medical report in respect of injuries suffered by
the victim can generally be the guiding factor. On the basis
of this prima facie analysis, the High Court can examine as
to whether there is a strong possibility of conviction or the
chances of conviction are remote and bleak. In the former
case it can refuse to accept the settlement and quash the
criminal proceedings whereas in the later case it would be
permissible for the High Court to accept the plea
compounding the offence based on complete settlement
between the parties. At this stage, the Court can also be
swayed by the fact that the settlement between the parties
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is going to result in harmony between them which may
improve their future relationship.
(VII) While deciding whether to exercise its power under
Section 482 of the Code or not, timings of settlement play
a crucial role. Those cases where the settlement is arrived
at immediately after the alleged commission of offence and
the matter is still under investigation, the High Court may
be liberal in accepting the settlement to quash the criminal
proceedings/investigation. It is because of the reason that
at this stage the investigation is still on and even the
charge sheet has not been filed. Likewise, those cases
where the charge is framed but the evidence is yet to start
or the evidence is still at infancy stage, the High Court can
show benevolence in exercising its powers favourably, but
after prima facie assessment of the circumstances/material
mentioned above. On the other hand, where the
prosecution evidence is almost complete or after the
conclusion of the evidence the matter is at the stage of
argument, normally the High Court should refrain from
exercising its power under Section 482 of the Code, as in
such cases the trial court would be in a position to decide
the case finally on merits and to come a conclusion as to
whether the offence under Section 307 IPC is committed or
not. Similarly, in those cases where the conviction is
already recorded by the trial court and the matter is at the
appellate stage before the High Court, mere compromise
between the parties would not be a ground to accept the
same resulting in acquittal of the offender who has already
been convicted by the trial court. Here charge is proved
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under Section 307 IPC and conviction is already recorded of
a heinous crime and, therefore, there is no question of
sparing a convict found guilty of such a crime.
32. After having clarified the legal position in the manner
aforesaid, we proceed to discuss the case at hand.
33. In the present case, FIR No.121 dated 14.7.2010 was
registered under Sections 307, 324, 323, 34 IPC.
Investigation was completed, whereafter challan was
presented in the court against the petitioner herein.
Charges have also been framed; the case is at the stage of
recording of evidence. At this juncture, parties entered into
compromise on the basis of which petition under Section
482 of the Code was filed by the petitioners namely the
accused persons for quashing of the criminal proceedings
under the said FIR. As per the copy of the settlement which
was annexed along with the petition, the compromise took
place between the parties on 12.7.2013 when respectable
members of the Gram Panchayat held a meeting under the
Chairmanship of Sarpanch. It is stated that on the
intervention of the said persons/Panchayat, both the
parties were agreed for compromise and have also decided
to live with peace in future with each other. It was argued
that since the parties have decided to keep harmony
between the parties so that in future they are able to live
with peace and love and they are the residents of the same
village, the High Court should have accepted the said
compromise and quash the proceedings.
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34. We find from the impugned order that the sole reason
which weighed with the High Court in refusing to accept the
settlement between the parties was the nature of injuries.
If we go by that factor alone, normally we would tend to
agree with the High Court's approach. However, as pointed
out hereinafter, some other attendant and inseparable
circumstances also need to be kept in mind which compel
us to take a different view.
35. We have gone through the FIR as well which was
recorded on the basis of statement of the
complainant/victim. It gives an indication that the
complainant was attacked allegedly by the accused persons
because of some previous dispute between the parties,
though nature of dispute etc. is not stated in detail.
However, a very pertinent statement appears on record
viz., "respectable persons have been trying for a
compromise up till now, which could not be finalized". This
becomes an important aspect. It appears that there have
been some disputes which led to the aforesaid purported
attack by the accused on the complainant. In this context
when we find that the elders of the village, including
Sarpanch, intervened in the matter and the parties have
not only buried their hatchet but have decided to live
peacefully in future, this becomes an important
consideration. The evidence is yet to be led in the Court. It
has not even started. In view of compromise between
parties, there is a minimal chance of the witnesses coming
forward in support of the prosecution case. Even though
nature of injuries can still be established by producing the
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doctor as witness who conducted medical examination, it
may become difficult to prove as to who caused these
injuries. The chances of conviction, therefore, appear to be
remote. It would, therefore, be unnecessary to drag these
proceedings. We, taking all these factors into consideration
cumulatively, are of the opinion that the compromise
between the parties be accepted and the criminal
proceedings arising out of FIR No.121 dated 14.7.2010
registered with Police Station LOPOKE, District Amritsar
Rural be quashed. We order accordingly."
6. On perusal of the aforesaid decision and upon
consideration of the facts and circumstances of the present
case and the material available on record, it appears that the
second respondent had filed the case against the petitioner
with misconception of facts and in a fit of anger. Now second
respondent has realized her mistake and she is intending to
take back her case registered against the petitioner on the
advice of elders of both the families. In this context, the Court
finds that, the elders of the village and their family intervened
in the matter and parties have amicably settled their disputes
and have decided to live peacefully in future. This becomes an
important consideration. In view of the compromise held
between the parties, further investigation of the case would not
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be arise and in case if investigation is completed and charge
sheet is filed, even at that juncture also there is a minimal
chance of the witnesses coming forward in support of the
prosecution case. Thus, the chances of conviction, therefore,
appear to be very remote. It would, therefore, be unnecessary
to drag these proceedings. When the Court takes all these
factors into consideration cumulatively, the Court is of the
opinion that the compromise between the parties be accepted
and the criminal proceedings initiated against the accused
persons are liable to be quashed.
7. Hence, the compromise petition is accepted. In view
of the settlement arrived between the parties and in view of the
ratio laid down in the above decisions cited supra, it is
necessary to permit the parties to quash the proceedings
against the petitioner. Hence, the Court proceeds to pass the
following:
ORDER
The criminal petition is allowed .
The entire proceedings in Crime No.127/2022
of Nandagad Police Station, registered for the
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offences punishable under Sections 341, 376(2)(L),
450, 506 of the Indian Penal Code, 1860, pending
on the file of learned VIII Additional District and
Sessions Judge, Belagavi in S.C.No.45/2023 insofar
as petitioner/accused are hereby quashed.
I.A.No.1/2026 is allowed accordingly.
Pending I.A.s, if any, stand disposed of as
they do not survive for consideration.
Sd/-
(VENKATESH NAIK T)
JUDGE
CLK
CT:GSM
LIST NO.: 1 SL NO.: 64