Court allows party-initiated compromise under Section 482 Cr.P.C., quashing IPC charges, emphasizing the futility of trials post-settlement.

ORDER :

(VENKATESH NAIK T., J.)

Heard Sri J. Basavaraj., learned counsel for the petitioner, Smt. Kirtilata Patil., learned High Court Government Pleader for respondent No.1 – State and Sri. D.V.Pattar., learned counsel for respondent No.2. The petitioner and de facto complainant are present.

2. The petitioner/accused has filed the present petition under Section 482 of the Code of Criminal Procedure (for short ‘Cr.P.C.’) seeking to quash the entire proceedings in C.C.No.609/2023, pending on the file of the learned Principal Civil Judge and JMFC at Ballari arising out of Crime No.150/2022 of Gandhinagar Police Station for offences punishable under Sections 452 , 323, 504 506 read with Section 34 of the INDIAN PENAL CODE , 1860 (for short ‘IPC’). Now, the petitioner and de facto complainant have resolved their disputes with the intervention of elders and well-wishers from both families.

3. In view of settlement, the petitioner and respondent No.2 have filed a compromise petition under Section 482 of Cr.P.C/528 of BNSS, 2023. The contents of compromise petition read as under:

1. That Respondent No.2 herein and Petitioner married on 21.11.1999 and after the marriage was consummated, two daughters have born from wed-lock. The Respondent No.2 lodged an complaint dated 02.11.2022 at Gandhinagar Police Station, Ballari and consequentially FIR in Crime No. 150/2022 dated 02.11.2023 against the Accused/Petitioner for the offences u/s 452, 323, 504 & 506 of IPC 1860.

2. The Respondent No. 1 filed the charge sheet in Crime No. 150/2022 and the Hon'ble Trial Court was pleased to take the cognizance vide order dated 19.04.2023 and registered a criminal case in CC No. 609/2023 against the Petitioner and issued process accordingly.

3. Hence, the Petitioner is being aggrieved the same, had preferred the present petition praying this Hon'ble Court to quash the impugned complaint dated 02.11.2023 and subsequent registration of impugned FIR in crime No. 150/2022 dated 02.11.2023 at Gandhinagar Police Station and subsequent order of cognizance dated 19.04.2023 by the Hon'ble Trial Court and further proceedings in CC No. 609/2023 for offence u/s 452, 323, 504 506 pending before Hon'ble Principal Civil Judge and JMFC Court, Ballari.

4. This Hon'ble Court vide order dated 20.12.2023 was pleased to stay the further proceedings in CC No. 609/2023 for offence u/s 452, 323, 504 & 506 pending before Hon'ble Principal Civil Judge and JMFC Court, Ballari.

5. Subsequent to the issuance of the notices, the Respondent No.2 has appeared though her counsel.

6. It is further submitted that the petitioner and Respondent No.2 had filed an application under section 13B of Hindu Marriage Act in MC No. 291/2024 on the file of Hon'ble Principal Family Court Ballari seeking dissolution of their marriage and the said matter is pending adjudication before the Hon'ble Family Court. The Copy of the Order sheet and Petition along with affidavits filed by the Petitioner and Respondent No.2 are herewith annexed with this petition for the kind perusal of this Hon'ble Court. The aforesaid documents may be treated as part and parcel of this compromise petition.

7. However, with intervention of elders and their advice the petitioner and Respondent No.2 has arrived at compromise and accordingly the following are the terms and conditions:

a) That the Respondent No.2 has voluntarily consented for the said compromise petition without being subjected to coercion or threat.

b) That the Respondent No.2 shall withdraw all the allegations made against the Petitioner herein.

c) That the Respondent no.2 has voluntarily consented/agreed for compounding of the offences punishable u/s 452, 323, 504 & 506 with the petitioner with the kind lea