IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
VENKATESH NAIK T
Honnur Mastal Ali S/o. Late Yusuf Sab – Appellant
Versus
State Of Karnataka – Respondent
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 cou
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 quash criminal proceedings when parties reach a mutual settlement, preventing abuse of the legal process.
Court allows party-initiated compromise under Section 482 Cr.P.C., quashing IPC charges, emphasizing the futility of trials post-settlement.
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....
Point of law: joint memorandum of settlement filed by the respective parties and in the light of the above decisions of the Hon'ble Apex Court, it is appropriate to quash the criminal proceedings
The court can permit the compounding of offences under IPC when parties arrive at an amicable settlement.
The court upheld that amicable settlements in compoundable offences allow for the quashing of criminal proceedings when agreed upon by the parties involved, thus promoting justice and resolution of c....
The court cannot quash proceedings for heinous offences like rape based on compromise, emphasizing the serious societal impact of such crimes.
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.
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