IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
VENKATESH NAIK T., J.
Shri Chandan Patil R., S/o. Ratnakar Patil – Petitioner
Versus
The State Of Karnataka, By Its Sub-Inspector Of Police, Womens Police Station, Haveri, Rep. By Learned State Public Prosecutor and Anr. – Respondents
Criminal Petition No. 101796 of 2025 (482 of Cr.PC/528 of BNSS) C/W Criminal Petition No. 102388 of 2023
Decided On : 07-07-2025
| Table of Content |
|---|
| 1. the arguments presented by both sides regarding the compromise. (Para 1 , 7) |
| 2. factual background leading to criminal allegations. (Para 2 , 3 , 4 , 5 , 6) |
| 3. court observations on the implications of the settlement. (Para 8 , 9) |
| 4. legal rationale supporting the acceptance of the compromise. (Para 10) |
| 5. conclusion and final ruling on the petitions. (Para 11) |
ORDER :
(VENKATESH NAIK T., J.)
Heard learned counsel for the petitioners-accused Nos.1 to 3, learned counsel for respondent No.2-the de facto complainant and learned High Court Government Pleader for respondent No.1-State.
2. The petitioner-accused No.1 has filed Criminal Petition No.101796/2025 and the petitioners-accused Nos.2 and 3 have filed Criminal Petition No.102388/2023 under Section 4 82 of the Code of Criminal Procedure [528 of BNSS, 2023], praying to quash the entire proceedings in C.C.No.737/2023, pending on the file of II Additional Senior Civil Judge and JMFC, Ranebennur, in connection with Haveri Women Police Station Crime No.82/2022, registered for the offences punishable under Sections 4 98A, 323, 504 and 506 read with Section 3 4 of INDIAN PENAL CODE , 1860 and Sections 3 and 4 of Dowry Prohibition Act, 1961.
3. Brief facts of the prosecution case are that;
On 02.12.2022, the de facto complainant-respondent No.2 lodged a complaint against accused Nos.1 to 3 alleging that on 30.04.2020 her marriage was performed with accused No.1 in Sub-Registrar Office, Ranebennur. After the marriage, their relationship was cordial for couple of months, thereafter, accused No.1 started harassing the complainant to bring dowry. It is also alleged that accused Nos.2 and 3 physically and mentally harassed her. Hence, the first informant lodged complaint against the accused persons, which led to registration of the FIR and initiation of investigation.
4. Now, the petitioners-accused Nos.1 to 3 and the de facto complainant have resolved their disputes with the intervention of elders and well-wishers from both families. The de facto complainant and accused Nos.1 to 3 are present before the Court.
5. In view of settlement, the petitioners-accused Nos.1 to 3 and respondent No.2 have filed a compromise petition under Section 482 read with Section 3 20 of Cr.P.C. The contents of compromise petition read as under:
“The advocate for the Petitioner most respectfully submits as under:
1. It is respectfully submitted that Respondent No.2 is the legally wedded wife of Chandan Patil R, who is the petitioner herein and also arrayed as Accused No.1 in C.C. No.737/2023 (Crime No.82/2022). After the solemnization of marriage, Respondent No.2 voluntarily her deserted husband, i.e., this petitioner/Accused No.1 (Chandan Patil R), leading to matrimonial dispute between the parties. As a result of the said matrimonial discord, the parties have been residing separately since then.
2. That, the Respondent No.2 on 02-12-2022 had lodged complaint against this petitioner and also on the mother and brother of the petitioner herein for the offences punishable under section 498(A), 323, 504, 506 R/w 34 of IPC and for the offences punishable U/s 3 and 4 of Dowry Prohibition Act 1961. Pursuant to the said complaint, a case was registered in C.C. No.737/2023 (arising out of Crime No.82/2022), which is presently pending for consideration before the Hon'ble file of II Additional Senior Civil Judge and JMFC, at Ranebennur, and the petitioner have approached this Hon'ble Court seeking to quash the entire proceedings in C.C.No.737/2023 (Crime No.82/2022) pending for consideration before the Hon'ble II Additional Senior Civil Judge and JMFC Ranebennur, in the above petition.
3. It is submitted in the present case, the matrimonial dispute between this petitioner and Respondent No.2 has been amicably resolved through the intervention of elders and well- wishers. The petitioner herein, who is the husband of Respondent No.2, had initially filed a divorce petition before the Hon'ble Senior Civil Judge and J
Compromise between parties can lead to quashing of criminal proceedings when continuation is considered an abuse of process, reflecting a mutual resolution of disputes.
The court can exercise its power under Section 482 to quash criminal proceedings even in non-compoundable offences if the parties have amicably settled their disputes, preventing abuse of the legal p....
Court allows party-initiated compromise under Section 482 Cr.P.C., quashing IPC charges, emphasizing the futility of trials post-settlement.
The court can quash criminal proceedings when parties reach a mutual settlement, preventing abuse of the legal process.
Courts can quash criminal proceedings for non-compoundable offences based on compromise between parties if the offences are purely individual in nature and do not involve overriding public interest.
Criminal proceedings can be quashed on the basis of a compromise in matrimonial disputes if it serves the ends of justice.
Point of law: offences for which the appellants have been charged are infact offences against society and not private in nature. Such offences have serious impact upon society and continuance of tria....
The main legal point established in the judgment is that the court has the power to quash criminal proceedings under Sec. 482 of Cr.P.C if the offences are individual and personal in nature, not affe....
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