- 1 - NC: 2025:KHC-K:2737 CRL.P No. 200747 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 15TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K CRIMINAL PETITION NO.200747 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. MAHIBOOBU SAB @ MABUSAB S/O SADDAM HUSENA SAB, AGE: 33 YEARS, OCC: AGRICULTURE, R/O DEVATAGAL VILLAGE-584111, TQ. DEODURGA, DIST. RAICHUR. 2. SADDAMA HUSENA SAB @ HUSEN SAB S/O KHASIM SAB, AGE: 65 YEARS, OCC: HOUSE HOLD, R/O DEVATAGAL VILLAGE-584111, TQ. DEODURGA, DIST. RAICHUR. 3. PEERAMMA @ PIRAMMA W/O SADDAMA HUSENA SAB @ HUSEN SAB, AGE: 55 YEARS, OCC: HOUSE HOLD, R/O DEVATAGAL VILLAGE-584111, TQ. DEODURGA, DIST. RAICHUR. 4. KHASIM BEE @ KHASIMBI D/O SADDAMA HUSENA SAB @ HUSEN SAB, AGE: 24 YEARS, OCC: HOUSE HOLD, R/O DEVATAGAL VILLAGE-584111, TQ. DEODURGA, DIST. RAICHUR. …PETITIONERS (BY SRI. LIYAQAT FAREED USTAD, ADVOCATE) Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2737 CRL.P No. 200747 of 2025 AND: 1. THE STATE OF KARNATAKA, THROUGH JALAHALLI PS, DEVADURGA RURAL CIRCLE, DISTRICT RAICHUR, REPRESENTED BY THE ADDL. SPP, HIGH COURT OF KARNATAKA, BENCH AT KALABURAGI-585 107. 2. NOORAJAN BEGHAM W/O MAHIBOOBU SAB, AGE: 30 YEARS, OCC: HOUSE HOLD, R/O DEVATAGAL VILLAGE-584111, TQ. DEVDURGA, DIST. RAICHUR. …RESPONDENTS (BY SRI. JAMADAR SHAHABUDDIN, HCGP FOR R1; SRI. MALIK PASHA MAUZAN, ADV. FOR R2) THIS CRL.P IS FILED UNDER SECTION 482 OF CR.P.C. (OLD), U/SEC. 528 OF BNSS (NEW), PRAYING TO QUASH THE FIR AND COMPLAINT IN CRIME NO.57/2025 FOR THE OFFENCE PUNISHABLE U/SEC. 85, 115(2), 351(2), 352 R/W 3(5) OF THE BHARATIYA NYAYA SANHITA (BNS) ACT 2023, BY THE RESPONDENT NO.1 JALAHALLI PS, WHICH IS PENDING ON THE FILE OF PRL. CIVIL JUDGE (SR.DN.) AND CJM COURT DEODURGA RAICHUR DIST. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K - 3 - NC: 2025:KHC-K:2737 CRL.P No. 200747 of 2025 ORAL ORDER (PER: HON'BLE MR. JUSTICE RAJESH RAI K) This petition is filed under Section 528 of BNSS to quash the proceeding in Crime No.57/2025 dated 02.04.2025 filed by the Jalhalli Police Station against the petitioners/accused Nos.1 to 4 for the offences under Section 85, 115(2), 351(2) & 352 read with Section 3(5) of BNSS, 2023. 2. The factual matrix of the prosecution case is that respondent No.2 being the wife of petitioner No.1, their marriage solemnized in the year 2016, out of wedlock two children were born, thereafter, the accused No.1 started to quarrel with her by suspecting her fidelity. As such, she has lodged the complaint. On the strength of the said compliant, FIR came to be registered as stated supra. 3. Presently, the parties have settled their dispute amicably and today respondent No.2 is present before this - 4 - NC: 2025:KHC-K:2737 CRL.P No. 200747 of 2025 Court along with petitioner Nos.1 to 4/accused Nos.1 to 4 and she states that they both settled the dispute amicably and she is ready to join petitioner No.1. The petitioner No.1 is ready to take her back to the matrimonial home. In such circumstance, relying on the judgment of Apex Court in the case of GIAN SINGH Vs. STATE OF PUNJAB AND ANOTHER1, though the offence is not compoundable in nature, I am of the considered the view that dispute emerged between the family members, the proceedings need not be continued. Accordingly, I proceed to pass the following. ORDER i. The petition is allowed. ii. The FIR and further proceedings in Crime No.57/2025 for the offence punishable under Sections 85, 115(2), 351(2) & 352 read with Section 3(5) of BNSS, 2023 is 1 (2012) 10 Supreme Court Cases 303 - 5 - NC: 2025:KHC-K:2737 CRL.P No. 200747 of 2025 hereby quashed is so far as petitioners are concerned. Sd/- (RAJESH RAI K) JUDGE TMP List No.: 1 Sl No.: 35 CT: AK