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.

COMMON ORAL ORDER :

VENKATESH NAIK T, J.

Criminal Petition No.101277/2025 has been filed by the petitioners – accused Nos.1 to 4 in Crime No.05/2025 of Ballari Women Police Station, Ballari for the offences punishable under Sections 85 , 115(2), 351(2) 352 and 3(5), of Bharatiya Nyaya Sanhita, 2023 (“ BNS ” for short) and Criminal Petition No.102480/2025 has been filed by the petitioner – accused in Crime No.81/2024 of APMC Yard Police Station, Ballari (C.C.No.700/2025 pending on the file of II Additional Civil Judge and JMFC Court, Ballari) for the offence punishable under Section 118 (1) of BNS seeking to quash the criminal proceedings initiated against respective parties in both the petitions. Petitioner No.1 in Crl.P.No.101277/2025 is none other than the husband of the respondent No.2 – complainant similarly the petitioner in Cr.P.No.102480/2025 is the wife of respondent No.2 - complainant. Since both cases arise out of a case and counter-case, they are disposed of by this common order.

2. The petitioners and de-facto complainant in both criminal petitions are present before the Court.

3. The counsels for the petitioners, the learned High Court Government Pleader and learned counsel for de-facto complainant are also present in both the criminal petitions.

4. In both the criminal petitions, common compromise petition has been filed under Section 320 (2) (8) read with Section 482 of the Code of Criminal Procedure, 1973 (“Cr.P.C.” for short), seeking to quash the entire proceedings in Crime No.05/2025 of Ballari Women Police Station, Ballari and Crime No.81/2024 of APMC Yard Police Station, Ballari (C.C.No.700/2025 pending on the file of II Additonal Civil Judge and JMFC Court, Ballari).

5. The common compromise petition filed by the petitioners and de-facto complainants in both the criminal petitions is duly signed by them and their respectively counsels.

6. The contents of the common compromise petition filed in both the criminal petitions reads as under :

“JOINT APPLICATION FILED ON BEHALF OF THE PETITIONERS/ACCUSED NO. 1 TO 4 AND RESPONDENT NO. 2 UNDER SECTION 320(2) (8) R/W SECTION 482 OF CR.P.C.

1. The Petitioner/Accused No. 1 to 4 and the Respondent No. 2 Jointly Submits as Under;

2. The Petitioners/accused No. 1 to 4 and the Respondent No.2 have resolved this Lis between them.

3. The Petitioners in Criminal petition No.101277 of 2025 of (Honnur Mastan Vali and respondent No. 2 Mubeena have agreed and resolve to continue with their marriage which was solemnized on 11-12-2020 at CMS Function Hall, Near Society Rice Mill, Millerpet, Ballari by mutual consent/amicably decided to live together as husband and wife.

4. The petitioner further submit that, due to indulgence of their elders and well wishers of both the parties has decided to settle their differences amicably and continue with their marriage as usual as before.

5. The petitioner submits that, they were living together as husband and wife peacefully since from last 3 months and as such there is no dispute or indifferences between the petitioner and respondent.

6. The petitioner and respondent decided to end their dispute mutually free from any coercion, undue influence or any threat and it is with free will of the petitioner and respondent.

7. Further the respondent/wife and the petitioner / husband agrees to end her lis against each other and other family members of husband which are pending adjudication before the trial court.

8. The 2^nd respondent/wife has further consented not to initiate any penal proceedings either in IPC/ BNS against the Petitioner/Accused No. 1 to 4 and the petitioner/husband also consented not to initiate any penal proceedings after this compromise amicable settlement of staying together and continue with marriage with their petitioner/husband.

9. In View of the above said Agreement. It is prayed that