AYUSH S/O LALCHAND JAIN vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 16 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL PETITION NO. 102067 OF 2026
(482(CR.PC)/528(BNSS)
BETWEEN:
1. AYUSH S/O. LALCHAND JAIN
AGE: 26 YEARS,
OCC: JAIN MARKETING BUSINESS,
R/AT HUBBALLI, KESHWAPUR,
BRINDAVAN APARTMENT, 3RD FLOOR,
HOUSE NO.302, OPPOSITE CONVENT SCHOOL,
HUBBALLI, DIST: DHARWAD- 580028.
… PETITIONER
(BY SRI. HIRANKUMAR PATEL, ADVOCATE FOR
SRI. GOURISHANKAR MOT, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
GHANTIKERI POLICE STATION, HUBBALLI,
REP BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD- 580011.
2. SRI. VINODKUMAR S/O. IRAPPA JAVALI
AGE: 42 YEARS, OCC: GENERAL MANAGER,
AT VIBHOVA INDUSTRIES PVT., LIMITED.,
R/AT BANKERS COLONY, R.N. SHETTY ROAD,
TQ: HUBBALLI, DIST: DHARWAD- 580030.
… RESPONDENTS
(BY SRI. JAIRAM SIDDI, HCGP FOR R1,
SRI. AYUSH G. BHAT, ADVOCATE FOR R2)
Digitally signed by
CHANDRASHEKAR
LAXMAN
KATTIMANI
Location: High Court
of Karnataka,
Dharwad Bench,
Dharwad
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THIS CRIMINAL PETITION IS FILED U/SEC. 528 OF BNSS,
2023, PRAYING TO QUASH THE ENTIRE PROCEEDINGS
AGAINST THE ACCUSED NO.3/PETITIONER AS INITIATED BY
GHANTIKERI POLICE STATION IN CRIME NO.28/2025 PENDING
ON THE FILE OF THE I ADDITIONAL CIVIL JUDGE AND JMFC
COURT HUBBALLI, AT HUBBALLI IN CC NO. 486/2026 FOR THE
OFFENCE PUNISHABLE U/SEC. 318(4), 352, 351(2), 351(3)
R/W 3(5) OF BNS, 2023.
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 482 of Cr.P.C. by
the petitioner/accused No.3 seeking to quash the entire
proceedings in Crime No.28/2025 of Ghantikeri Police
Station, registered for the offences punishable under
Section 318(4), 352, 351(2), 351(3) read with Section
3(5) of Bharatiya Nyaya Sanhita, 2023 [for short, ‘the
BNS, 2023’], pending on the file of learned I Additional
Civil Judge and JMFC, Hubballi, Dharwad District in
C.C.No.486/2026.
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2. Respondent No.2 filed a complaint against the
petitioner/accused No.3 which came to be registered in
Crime No.28/2025 for the aforesaid offences. Hence,
taking exception to the same, the petitioner has sought to
quash the entire investigation.
3. In view of the settlement arrived at between
the parties, today both the parties have filed
I.A.No.2/2026 under Section 359(6) and (8) of Bharatiya
Nagarik Suraksha Sanhita, 2023 and read with Section
528 of BNSS, 2023, for compounding of offence alleged.
The I.A. is filed by both the parties, signed by them and
their respective counsels. Learned HCGP, de-facto
complainant, petitioner/ accused No.3 and their respective
counsels are present. The contents of the I.A. and
affidavits read as follows:
“ “JOINT APPLICATION FILED UNDER SECTION
359(6) & (8) OF BHARATIYA NAGARIK SURAKSHA
SANHITA, 2023 & R/W SECTION 528 OF
BHARATIYA NAGARIK SURAKSHA SANHITA 2023.
Herein the advocate for the accused no. 3/
petitioner and the respondent no. 2 submits before this
Hon'ble Court as follows:
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1) That, the Petitioner/Accused No.3 and the Respondent
No.2/Complainant have mutually resolved and settled
the dispute between them, pursuant to discussions and
understanding arrived at between the parties, with the
assistance of well-wishers and elders. The settlement
has been arrived at voluntarily, consciously and out of
the free will of both the parties, without any coercion,
undue influence, threat or pressure from any person.
2) That, the Respondent No.2/Complainant had lodged a
complaint against the Petitioner/Accused No.3 before the
Ghantikeri Police Station, Hubballi, which came to be
registered in Crime No.28/2025 and is presently pending
before the Hon'ble I Additional Civil Judge & JMFC,
Hubballi, in C.C. No.486/2026, for the offences
punishable under Sections 318(4), 352, 351(2), 351(3)
read with Section 3(5) of the Bharatiya Nyaya Sanhita,
2023.
3) That, as an essential and material condition of the
settlement, the Petitioner/Accused No.3 has categorically
undertaken and agreed that he shall forthwith
discontinue and cease using the trademark which is the
subject matter of the dispute and shall not, in any
manner whatsoever, use, reproduce, imitate, represent,
adopt or deal with the said trademark or any deceptively
similar mark belonging to the Complainant/Respondent
No.2 or to the employer/company whose trademark
rights are represented by the Respondent No.2.
4) That, the Petitioner/Accused No.3 has further
expressly undertaken that he shall not hereafter commit,
cause, assist, facilitate or participate in any act of
infringement, unauthorised use, imitation or violation in
respect of any trademark owned, registered, used or
otherwise lawfully held by the Complainant/Respondent
No.2 or by his employer/company. The said undertaking
is a material and fundamental basis upon which the
Respondent No.2/Complainant has agreed to settle the
dispute.
5) That, the Petitioner/Accused No.3 has agreed to
strictly abide by the aforesaid undertaking and to
maintain complete restraint from any further use or
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violation of the trademark(s) concerned. The
Petitioner/Accused No.3 further acknowledges that the
present settlement is being entered into on the clear
understanding that there shall be no repetition of the
acts complained of and that the rights of the
Complainant and his employer/company in their
respective trademark(s) shall be duly respected.
6) That, in view of the aforesaid undertaking and the
settlement arrived at between the parties, the
Respondent No.2/Complainant ha agreed to bring an end
to the criminal proceedings as again Petitioner/Accused
no. 3 arising out of the aforesaid dispute, subject to the
Petitioner/Accused No.3 strictly complying with the terms
and undertaking contained herein.
7) That, the parties state that the dispute between them
has been amicably resolved and that the continuation of
the criminal proceedings, in view of the settlement and
the specific undertaking furnished by the
Petitioner/Accused No.3, is not desired by the
Respondent No.2/Complainant. Accordingly, the
Respondent No.2/Complainant has no objection for the
proceedings in C.C. No.486/2026 being brought to an
end as against Petitioner/Accused no. 3 in accordance
with law.
8) That, the Respondent No.2/Complainant has agreed
not to pursue the aforesaid complaint/proceedings
against the Petitioner/Accused No.3, subject to the terms
of this settlement and the undertaking given by the
Petitioner/Accused No.3 herein. The parties accordingly
pray that this Hon'ble Court may be pleased to take the
present compromise on record and pass appropriate
orders in accordance with law.
9) That, the parties have entered into this compromise
voluntarily and with full knowledge of its terms and
consequences, and the respective affidavits of the
Petitioner/Accused No.3 and the Respondent
No.2/Complainant are being filed along with this Joint
Memo of Compromise in support of the settlement.
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10) That, the parties undertake to abide by the terms of
the present compromise in letter and spirit and to
maintain peace and cordiality hereafter.
11) In view of the above matter settlement between
petitioner, respondent no: 2. The petitioner &
respondent no: 2 is filing their respective affidavits along
with this Joint memo of compromise.
PRAYER
THEREFORE, the petitioner/ accused no: 3,
respondent no. 2/complainant persons humbly pray 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 Entire proceeding
against the Accused no. 3/ petitioner as in Ghantikeri
Police Station in Crime No. 28/2025 pending on the file
of the Hon'ble I Additional Civil Judge & JMFC Court
Hubballi, at: Hubballi in CC No. 486/2026 for the offence
punishable U/Sec. 318(4), 352, 351(2), 351(3) R/w 3(5)
of BNS,2023 and may please to Acquit the said accused
no: 3/petitioners, in the ends of justice.
AFFIDAVIT FILED BY THE RESPONDENT NO. 2
(IN VIEW OF COMPROMISE)
I, Shri. Vinodkumar S/O Irappa Javali, Age: 42
Yrs, Occ: General Manager in Vibhava Industries Pvt Ltd,
R/At: Bankers Colony, R N Shetty Road, Tq: Hubballi,
Dist Dharwad-580030, today at Dharwad, I do hereby
state on oath as under;
1) I am the Respondent No.2/Complainant in the above
Criminal Petition and am well acquainted with the facts
and circumstances of the case. I am competent to swear
to this affidavit.
2) I state that I had lodged a complaint against the
Petitioner /Accused No.3 before the Ghantikeri Police
Station, Hubballi, which was registered in Crime
No.28/2025 and has culminated in C.C. No.486/2026
pending before the Hon'ble I Additional Civil Judge &
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JMFC, Hubballi, for the offences punishable under
Sections 318(4), 352, 351(2), 351(3) read with Section
3(5) of the Bharatiya Nyaya Sanhita, 2023.
3) 1 state that the dispute between myself and the
Petitioner /Accused No.3 has now been amicably
resolved pursuant to mutual discussions and
understanding between the parties, with the assistance
of well-wishers and elders. I have voluntarily agreed to
the settlement out of my own free will and without any
coercion, threat, undue influence or pressure from any
person.
4) I state that, as a material and essential condition of
the settlement, the Petitioner/Accused No.3 has
unequivocally undertaken that he shall forthwith
discontinue and cease using the trademark which is the
subject matter of the dispute and shall not hereafter use,
reproduce, imitate, adopt or represent the said
trademark or any deceptively similar mark belonging to
my employer.
5) I further state that the Petitioner/Accused No.3 has
expressly undertaken that he shall not hereafter commit,
cause, assist or facilitate any infringement, unauthorized
use or violation in respect of any trademark owned,
registered, used or otherwise lawfully held by me or my
employer/company.
6) I state that the aforesaid undertaking is a material
and fundamental basis upon which I have agreed to
settle the dispute and not to pursue the proceedings
against the Petitioner/Accused No.3.
7) In view of the settlement arrived at between the
parties and the specific undertaking given by the
Petitioner/Accused No.3, I have no objection for the
proceedings in C.C. No.486/2026, insofar as the
Petitioner/Accused No.3 is concerned, being quashed by
this Hon'ble Court.
8) I state that I have executed the Joint Memo of
Compromise filed before this Hon'ble Court voluntarily
and after fully understanding its contents and
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consequences, and I have no objection for this Hon'ble
Court to dispose of the above Criminal Petition in terms
of the settlement arrived at between the parties.
I therefore respectfully pray that this Hon'ble
Court may be pleased to take this affidavit and the Joint
Memo of Compromise on record and allow the Criminal
Petition by quashing the proceedings in C.C.
No.486/2026, insofar as the Petitioner/Accused No.3 is
concerned, in the interest of justice and equity.
AFFIDAVIT FILED BY THE PETITIONER
(IN VIEW OF COMPROMISE)
I, Ayush S/O Lalchand Jain, Age: 26 Years,
Occupation: Business, R/At: Hubballi, Keshwapur,
Brindavan Aprtment, 3rd Floor, House No. 302, Opposite
Convent School Hubballi, Dist: Dharwad, Karnataka-
580028, Now R/At: Nilgul Market, Pan Bazar, Durgad
Bail, Hubballi, Dist: Dharwad, today at Dharwad, I am
competent to swear to this affidavit.
1. I state that Respondent No.2 had lodged a complaint
against me before the Ghantikeri Police Station, Hubballi,
which came to be registered in Crime No.28/2025 and
has culminated in C.C. No.486/2026 pending before the
Hon'ble I Additional Civil Judge & JMFC, Hubballi, for the
offences punishable under Sections 318(4), 352, 351(2),
351(3) read with Section 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
2. I state that the dispute between Respondent No.2 and
myself has now been amicably resolved pursuant to
mutual discussions and understanding between us, with
the assistance of well-wishers and elders. The settlement
has been arrived at voluntarily, out of my own free will
and without any coercion, threat, undue influence or
pressure from any person.
3. As a material and essential term of the settlement, I
hereby unequivocally undertake that I shall forthwith
discontinue and cease using the trademark which is the
subject matter of the dispute and shall not hereafter use,
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reproduce, imitate, adopt or represent the said
trademark or any deceptively similar mark belonging to
Respondent No.2 or his employer/company.
4. I further undertake that I shall not hereafter commit,
cause, assist or facilitate any infringement, unauthorised
use or violation in respect of any trademark owned,
registered, used or otherwise lawfully held by
Respondent No.2 or his employer/company.
5. I state that the aforesaid undertaking is a material
and fundamental basis of the settlement arrived at
between the parties and I undertake to abide by the
same in letter and spirit.
6. In view of the aforesaid settlement and my
undertaking, Respondent No.2 has agreed not to pursue
the dispute against me and has consented to the
quashing of the proceedings arising out of the aforesaid
complaint, insofar as I am concerned.
7. I state that I have executed the Joint Memo of
Compromise filed before this Hon'ble Court after fully
understanding its contents and consequences and I
undertake to abide by all the terms thereof.
I therefore respectfully pray that this Hon'ble
Court may be pleased to take the Joint Memo of
Compromise and this affidavit on record and allow the
Criminal Petition by quashing the proceedings in C.C.
No.486/2026, insofar as the Petitioner /Accused No.3 is
concerned, in the interest of justice and equity.”
4. Perused the complaint, FIR 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,
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continuation of the prosecution against the petitioner is
not at all necessary and that would be nothing but abuse
of process of law. 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:
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(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.
(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.
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(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
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
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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
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
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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
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
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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.
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
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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
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."
7 . On perusal of the aforesaid decision, judgment of
co-ordinate bench and the facts and circumstances 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 his mistake and he is
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intending to take back his case registered against the
petitioner on the advice of elders of both the family as
they are relatives. In this context, the Court finds that,
the elders of the village and their family intervened in the
matter and parties have 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 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.
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8. 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.28/2025 of Ghantikeri Police Station,
registered for the offences punishable under
Section 318(4), 352, 351(2), 351(3) read with
Section 3(5) of Bharatiya Nyaya Sanhita, 2023
[for short, ‘the BNS, 2023’], pending on the file
of learned I Additional Civil Judge and JMFC,
Hubballi, Dharwad District in C.C.No.486/2026
is hereby quashed.
I.A.No.2/2026 is allowed accordingly.
- 19 -
HC-KAR
NC: 2026:KHC-D:17331
CRL.P No. 102067 of 2026
CNR: KAHC020134622026
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.: 45