Compounding of non-heinous offences is permissible when both parties consent and the complainant withdraws allegations, reducing the necessity of prosecution.

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 Mudhol Police Station which was registered in Crime No.119/2024 for the offences punishable under Sections 69 , 88 and 318 of BNS , 2023. The Investigating Officer (for short ‘I.O.’) later on filed final report for the same offences, it is registered as S.C.No.88/2025 and pending before V-Additional District and Sessions Court, Kalaburagi.

3. Facts in brief in Crime No.19/2025 are as under:

Respondent No.2 filed another complaint before Mudhol Police Station on 09.02.2025 alleging that petitioner herein after lodging the complaint in Crime No.119/2024, continuously torturing her by making frequent phone calls and also threatening her. On 08.02.2025, accused made a call to her and told her to come along with him in his car. She refused to go. Therefore, he went to her house and attempted to rape her. She raised hue and cry, in the meanwhile, her brother and father came and rescued her. On the basis of the said complaint, Mudhol Police registered Crime No.19/2025 for the offences punishable under Sections 329 (4), 64, 62, 352 and 351(2) of BNS , 2023, said FIR is pending on the file of Senior Civil Judge and JMFC, Sedam.

4. These petitions are filed to quash both the FIRs as well as charge sheet filed in Crime No.119/2024.

5. During pendency of these petitions, petitioner as well as respondent No.2 filed applications in both the cases under Section 359 (8) r/w Section 528 of BNSS , 2023 for compounding the offences. Both have filed affidavits in support of the said applications. Both have also filed joint memos in this regard stating that the matter is settled between the parties and respondent No.2 is not interested in further prosecuting the matter.

6. I have heard the arguments. On 27.05.2025, respondent No.2 was present along with petitioner. On enquiry, respondent No.2 has submitted that the matter was compromised by the intervention of elders and she does not want to proceed with the matter against the petitioner and submits that both the petitions be allowed by permitting them to compound the offences. The said submission appears to be voluntary and without any coercion. Petitioner as well as respondent No.2 were identified by their respective Advocates.

7. In Crime No.119/2024, out of the offences punishable under Sections 318 , 69 and 88 of BNS , 2023, except Section 69 of BNS , 2023, other two offences are compoundable. Looking to the charge sheet, it appears there are no materials to show that she was pregnant and accused by giving ayurvedic tablets purchased from a road side vendor, administered it to respondent No.2 which resulted in her abortion. The concerned Doctors were examined as CWs.14 and 15 by the I.O., and both of them denied treating respondent No.2. It appears, there are no sufficient material to prima facie accept the contention of res