The court can quash criminal proceedings when parties reach a mutual settlement, preventing abuse of the legal process.

ORDER :

(VENKATESH NAIK T., J.)

Heard Shri Sabeel Ahmed, learned counsel for the petitioners-accused Nos.1 to 5, Shri M.A.Pathan., learned counsel for respondent No.2-the de facto complainant and Smt. Kirtilata Patil, learned High Court Government Pleader for respondent No.1-State.

2. The petitioner-accused No.1 has filed Criminal Petition No.102617/2025 and the petitioners-accused Nos.2 to 5 have filed Criminal Petition No.101935/2025 under Section 482 of the Code of Criminal Procedure [528 of BNSS , 2023], praying to quash the entire proceedings in Crime No.49/2025 of Ballari Women Police Station, pending on the file of IV Additional Civil Judge (Jr.Dn) and JMFC Court, Ballari, registered for the offences punishable under Sections 85 , 115(2), 352, 351(2) read with Section 3 (5) of Bharatiya Nyaya Sanhita, 2023.

3. Brief facts of the prosecution case are that;

On 15.04.2025, the de facto complainant-respondent No.2 lodged complaint against accused Nos.1 to 5 alleging that on 23.10.2022 her marriage was performed with accused No.1 as per their customs and traditions. After the marriage, accused No.1 had a cordial relationship with the de facto complainant for a period of 4 months only. Thereafter, all the accused persons started harassing the complainant on account of demand of dowry. It is also alleged that accused Nos.4 and 5 physically and mentally harassed her. Hence, the first informant lodged the complaint against the accused persons, which led to registration of the FIR and initiation of investigation. Taking exception to the same, the petitioners have filed these petitions to quash the proceedings.

4. It is not in dispute that accused No.1 and the de facto complainant are husband and wife, and their marriage was solemnized on 23.10.2022. After the marriage, respondent No.2 was residing with accused No.1 and initially they led a happy marital life, during which a female child was born. Subsequently, disputes arose between them, leading to the filing of the complaint by respondent No.2, which resulted in the registration of the FIR. Now, the petitioners-accused Nos.1 to 5 and the de facto complainant have resolved their disputes with the intervention of elders and well-wishers from both families.

5. In view of settlement, the petitioners-accused Nos.1 to 5 and respondent No.2 have filed a joint application under Section 359 (2) and (8) read with Section 528 of BNSS , 2023. The contents of joint application read as under:

“1. The Petitioners/Accused No. 1 to 5 and the Respondent No. 2 Jointly Submits as Under;

2. The Petitioners/Accused No. 1 to 5 and the Respondent No.2 have resolved this Lis between them.

3. The Petitioners in Criminal petition 102617/2025 of Mr. Dr. Khaja Hussain and respondent No. 2 Mrs. Saffa Anjum have agreed and resolve to dissolve their marriage solemnized on 23-10-2022 at Sky Function Hall at Molakalmur Taluk, Chitradurga District and also obtained by virtue of Khula Nama-mutual consent and have also signed at Ballari before Sir Chief Khazi, Ballari in presence of Khazi Molkalmuru, Mubarak Masjid, Mubarak Mohalla Molakalmuru due to indifference between them.

4. The Petitioner in Criminal petition 102617/2025 of Mr. Dr. Khaja Hussain has agreed and consented to pay a sum of Rs. 5,00,000/- (Rupees Five Lakhs Only) to respondent No. 2 Mrs. Saffa Anjum as permanent alimony in full and final settlement on this day before this Hon'ble Court.

5. The 2^nd respondent has agreed and consented to withdraw the case filed seeking maintenance invoking section 144 of BNSS 2023 in Crl.M.C No. 194/2025 which is pending adjudication before the Hon'ble Principal Judge Family Court at Ballari with next date of hearing 24-07-2025.

6. The respondent No. 2 Mrs. Saffa Anjum has freely and voluntar