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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
VENKATESH NAIK T.
Khaja Hussain K., S/o. Abdul Waheed – Appellant
Versus
State Of Karnataka, Represented By Its State Public Prosecutor, High Court Of Karnataka – Respondent
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.
The court can quash criminal proceedings when parties reach a mutual settlement, preventing abuse of the legal process.
Compromise between parties can lead to quashing of criminal proceedings when continuation is considered an abuse of process, reflecting a mutual resolution of disputes.
Court allows party-initiated compromise under Section 482 Cr.P.C., quashing IPC charges, emphasizing the futility of trials post-settlement.
Mutual compromise between parties allows for quashing of criminal proceedings, affirming that continuation of trials would be an abuse of the legal process when disputes have been amicably resolved.
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....
Marriage between accused and victim post-offence permits quashing of proceedings to prevent abuse of legal process when disputes are resolved amicably.
Compromise between parties in non-compoundable criminal cases can satisfy interests of justice and lead to quashing proceedings when there is minimal chance of conviction.
The main legal point established is that in cases of matrimonial disputes where the wrong is private or personal in nature and the parties have resolved their entire dispute, the High Court may quash....
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.
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