CRL.P/6863/2023 of PRASAD K.S. Vs STATE OF KARNATAKA BY on 20 July 2026

ORAL ORDER

Heard Sri Nishit Kumar Shetty, learned counsel appearing for the petitioners, Sri K Nageshwarappa, learned High Court Government Pleader appearing for respondent No.1, Sri S R Sree Prasad, learned counsel appearing for respondent No.2 and have perused the material on record.

2. During the pendency of the proceedings, the parties to the lis have settled the dispute among themselves and have filed an application under Section 482 read with Section 320(2) of Cr.P.C./Section 528 read with Section 359(2) of BNSS, 2023 along with an affidavit. The application reads as follows:

"APPLICATION UNDER SECTION 482 R/W 320(2) OF CR.P.C./SECTION 528 R/W 359(2) OF BNSS "

"The petitioners and Respondent No.2 respectfully submits as follows:

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1. It is submitted that in the above criminal petition, the petitioners seeking for quashing the entire proceedings against the petitioners in C.C.No.48/2023 (Crime No.33/2022 of Mysore Women Police Station) on the file of Senior Civil Judge and J.M.FC., T. Narasipura for the offence punishable under Sections 498(A), 504, 506, 114 r/w 34 of IPC and section 3,4,6 of D.P. Act.

2. It is submitted in the above case the respondent No.2/complainant filed the complaint before the Mysore Women Police Station on 02/09/2022 and the same is registered in Crime No.33/2022 for offences punishable under Sections 498(A), 504, 506, 114 r/w 34 of IPC and section 3, 4 and 6 of D.P. Act. The respondent police after completion of investigation filed the charge sheet against the petitioners for the offences punishable under sections 498(A), 504, 506, 114 r/w 34 of IPC and Section 3, 4 and 6 of D.P. Act. The respondent no.2 herein is the complainant, aggrieved person and competent to compound the offences alleged in the complaint. It is submitted that the dispute between the parties are settled and the respondent No.2 has no objection to quash the case against the Petitioners.

3. It is submitted that now the dispute between the parties have settled the matter in M.C.No.38/2024 and as per the settlement the petitioner no.1 and respondent no.2 filed the joint petition under section 13(B) of Hindu Marriage Act for divorce by mutual consent and towards the settlement, the petitioner no.1 has paid a sum of Rs.3,25,000/- as permanent alimony to respondent no.2 by way of cash and respondent no.2 has agreed to withdraw the criminal case filed against the petitioners in C.C.NO.48/2023 (Crime No.33/2022) of Mysore Women Police Station pending on the file of Senior Civil Judge and JMFC Court, T. Narasimpura for the offence punishable under Sections 498(A), 504, 506, 114 r/w 34 of IPC and section 3, 4 and 6 of D.P.Act and based on the settlement, the M. C petition filed by the petitioner no.1 and respondent no.2 was allowed and decree of divorce granted to the petitioner no.1 and respondent no.2 in M.C.No.38/2024 by its judgment dated 01/08/2024 by the senior Civil Judge at T. Narsipura.

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4. It is submitted that, the offence under Sections 504, 506 and 114 r/w 34 of IPC are compoundable in nature and only offence under sections section 498(A) of IPC and under Sections 3, 4 and 6 of D.P Act, 1961 are non-compoundable. Now the dispute between the parties have settled in M.C.No.38/2024 and as per the settlement the petitioner no.1 and respondent no.2 filed the joint petition for divorce by mutual consent under section 13(B) of Hindu Marriage Act and towards the settlement, the petitioner no.1 has paid a sum of Rs.3,25,000/- as permanent alimony to respondent no.2 by way of cash and respondent no.2 has agreed to withdraw the criminal case filed against the petitioners and respondent no.2 has no objection to quash the case against petitioners and ready to compromise the matter with the permission of the court. In view of the above settlement, the respondent no.2 has no objection to quash the above criminal proceedings against the petitioners for the aforesaid offences. In view of the facts and circumstances of the case, it is just and proper to permit the parties to compound the offence alleged against the Petitioners and quash the entire proceedings in C.C.NO.48/2023 (Crime No.33/2022) of Mysore Women Police Station pending on the file of Senior Civil Judge and JMFC Court, T. Narasimpura for the offence punishable under Sections 498(A), 504, 506, 114 r/w 34 of IPC and section 3, 4 and 6 of D.P.Act. Otherwise the petitioners will be put to irreparable injury and hardship. Wherefore, it is prayed that this Hon'ble Court be pleased to permit the parties to compound the offences against the Petitioners and quash the entire proceedings against the petitioners in C.C.NO.48/2023 (Crime No.33/2022) of Mysore Women Police Station pending on the file of Senior Civil Judge and JMFC Court, T. Narasimpura for the offence punishable under Sections 498(A), 504, 506, 114 r/w 34 of IPC and section 3, 4 and 6 of D.P.Act, in the interest of justice."

3. In the light of the settlement arrived at between the parties, I deem it appropriate to accept the application filed and

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close the proceedings against the petitioners in the subject petition.

4. The crime so registered against these petitioners as well as the charge sheet so filed pursuant to the crime in CC No.48 of 2023 stands quashed.

5. For the aforesaid reasons, the following:

ORDER

(i) Criminal Petition is disposed.

(ii) Proceedings in CC No.48 of 2023 pending before the Senior Civil Judge and JMFC Court, T Narasipura, Mysuru, stands quashed qua the petitioners.

Sd/- (M.NAGAPRASANNA) JUDGE

BGN List No.: 2 Sl No.: 95