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IN THE HIGH COURT OF KARNATAKA AT KALABURAGI BENCH
UMESH M. ADIGA
Basavaraj Shivasharanappa Avanti – Appellant
Versus
State through the Police Mudhol Police Station – Respondent
ORDER :
1. Both these petitions are filed by accused under Section 528 of BNSS , 2023 challenging registration of Crime No.119/2024 and Crime No.19/2025 by Mudhol Police Station so also charge sheet filed in Crime No.119/2024 against the petitioner by the said police on the complaint of respondent No.2 in both the cases.
2. Facts in brief in Crime No.119/2024 are as under:
Respondent No.2 on 24.08.2024 lodged a complaint against the petitioner herein stating that she was married and her husband left her. Thereafter, she has been residing in Kolkunda of Sedam Taluk. Accused/petitioner known to her and he pretended to love her. Thereafter, both were live-in-relationship for about 20 years. The accused used to assure her that after her divorce from her husband, he would marry her and with that assurance, he had physical relationship with her. She became pregnant twice and accused purchased road side ayurvedic medicine and gave her the same for termination of pregnancy. He also took money from her from time to time amounting to Rs.8,00,000/- and not repaid the same. When she demanded for repayment of the said amount, he criminally intimidated her. She lodged a complaint before the Mudho
Compounding of non-heinous offences is permissible when both parties consent and the complainant withdraws allegations, reducing the necessity of prosecution.
The court can permit the compounding of offences under IPC when parties arrive at an amicable settlement.
The High Court can quash non-compoundable offences in private disputes if a compromise is reached, ensuring justice and preventing abuse of process.
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....
Supreme Court has clearly observed that it would amount to extreme injustice if despite settlement having been arrived at by the parties, criminal proceedings are allowed to continue.
Court can quash non-compoundable offences under inherent powers when parties settle amicably and the offences are non-grave.
Offence can be compounded and quashed where chances of conviction are bleak and remote.
Amicable settlements among relatives allow for quashing of FIR even in non-compoundable offences under Section 482 of Cr.P.C.
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