A settled dispute between parties can lead to quashing of criminal proceedings to prevent abuse of process, as seen in the joint memo of compromise.

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Smt. Anusha Sangami., learned counsel for the petitioners, Shri Jairam Siddi., learned High Court Government Pleader for respondent No.1 – State and Sri. Ganesh S.Jithuri., learned counsel for respondent No.2.

The petitioner and the de facto complainant are present.

2. The petitioners/accused Nos.2 to 4 have filed the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [Section 482 of Cr.P.C], seeking to quash the entire proceedings in Crime No.98/2025 of Vidyanagar Police Station, Hubballi- Dharwad City for offence punishable under Section 106 (1) of the Bharatiya Nyaya Sanhita, 2023, pending on the file of 1^st Additional Civil Judge and JMFC (Jr.Dn), Hubballi. Now, the petitioners and the de facto complainant have resolved their disputes with the intervention of elders and well-wishers from both families.

3. In view of settlement, the petitioners and respondent No.2 have filed a joint memo under Section 359 (6) and (8) of BNSS , 2023. The contents of compromise petition read as under:

“Herein the advocate for the petitioners submits before this Hon'ble Court as follows;

1. That, in view of the intervention of elders the petitioners and Respondent No. 2, have mutually agreed to the following terms and conditions mentioned below;

2. That, the respondent no: 2/ complainant had lodged the complaint against the Accused persons/ petitioners as arising out of Vidyanagar Police Station Crime No: 98/2025 pending on the files of Hon'ble 1 Additional Civil Judge & JMFC (Jr.Dvj, At Hubballi for the offence punishable Under Section 106 (1) of Bhartiya Nyaya Sanhita 2023 the dispute as aroused between the petitioners / Accused & respondent no: 2 has been settled amicably and willing to withdraw the case. Hence in view of the same the petitioners have filed this petition quashing of entire proceeding which is pending for consideration.

3. That, present dispute the between the parties has been amicably settled and petitioners has already given a sum of Rs. 5,00,000/- to the complainant/respondent No.2 family towards full and final settlement compensation amount and complainant has received the same, in view of the settlement the entire proceedings which is pending for the consideration before the Hon'ble 1 Additional Civil Judge and JMFC Hubballi under Crime No. 98/2025 of Vidyanagar Police station may kindly be quashed to meet the ends of justice.

4. The petitioners and the respondent no. 2 at the intervention of the well-wishers and the elderly members of religion decided to put an end to the dispute and heeding the advice of the elders, the respondent no. 2 wants to withdraw the case and accordingly arrived at a settlement of dispute and same is without their being any undue influence, coercion or threat from anybody out of their free will & wish, respondent no: 2 agreed to not to prosecute any other criminal cases nor the above case as same is in personal in nature, accordingly to facilitate compounding of the said offences alleged by the respondent no: 2 against the petitioners herein the above mentioned petition is filed.

5. The respondent no: 2 has agreed to close the proceedings as against the petitioners, the petitioners and respondent no: 2 also agreed to give up all their claims in respect of said cases as arouse in the dispute is in respect of personal in nature. Further it is submitted that since the dispute between the petitioners and the respondent no: 2 are private in nature and accordingly has agreed not to prosecute / contest the above-mentioned case against the petitioners / accused. Hence it is just and necessary to permit the petitioners and the respondent no: 2 to compound the said case instead of subjecting the petitioners to face the trial.

6. In vi