- 1 - HC-KAR NC: 2025:KHC-K:2787 CRL.P No. 201630 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 2ND DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL PETITION NO.201630 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. RAJKUMAR S/O VAIJINATH SWAMY, AGE:38 YEARS, OCC: GOVT. SERVANT, R/O. HEDAGAPUR TQ. AURAD, DIST. BIDAR-585436. 2. KASTURIBAI W/O VAIJINATH SWAMY, AGE:56 YEARS, OCC: HOUSE WIFE, R/O. HEDAGAPUR, TQ. AURAD, DIST. BIDAR-585436. 3. SANTOSH S/O VAIJINATH SWAMY, AGE:43 YEARS, OCC: PRIVATE SERVICE, R/O. HEDAGAPUR, TQ. AURAD, DIST. BIDAR-585436. 4. SHIVANAND S/O VAIJINATH SWAMY, AGE:54 YEARS, OCC: PRIVATE SERVICE, R/O. HALBARGA, TQ.BHALKI, DIST. BIDAR-585436. 5. ARUNADEVI W/O REVAYYA, AGE:48 YEARS, OCC: HOUSEWIFE, R/O. KALSARTUGAON, TQ. BHALKI, BIDAR DIST.-585411. 6. REVAYYA S/O SANGAYYA, Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:2787 CRL.P No. 201630 of 2024 AGE:69 YEARS, OCC: AGRICULTURE, R/O. KALSARTUGAON, TQ. BHALKI, BIDAR DIST.-585411. …PETITIONERS (BY SRI AMEERAHAMAJA ABDULKADAR GUNNAPURA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH AURAD POLICE STATION BIDAR DIST., REPRESENTED BY, THE ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, KALABURAGI-585102. 2. SMT. GEETADEVI W/O RAJKUMAR SWAMY, AGE:39 YEARS, OCC: TEACHER, R/O. HEDGAPUR, NOW RESIDING AT, GIRNE LAYOUT, AURAD DIST. BIDAR. …RESPONDENTS (BY JAMADAR SHAHABUDDIN, HCGP FOR R1; R2 SERVED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF BNSS-2023, PRAYING TO ALLOW THE PRESENT CRIMINAL PETITION AND ALSO QUASH THE FIR AND COMPLAINT IN CRIME NO.61/2024 AT AURAD POLICE STATION, BIDAR DIST. FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 115(2), 3(5), 351(2), 352, 85 BNS PENDING BEFORE THE CIVIL JUDGE AND JMFC COURT AURAD. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA - 3 - HC-KAR NC: 2025:KHC-K:2787 CRL.P No. 201630 of 2024 ORAL ORDER (PER: HON'BLE MR. JUSTICE V SRISHANANDA) Parties are present with their respective counsels. Among the parties, petitioner No.1 and respondent No.2 present personally. Petitioner Nos.2 to 6 present through video conference. 2. Joint memo signed by petitioner No.1, respondent No.2 and their respective counsels is placed on record. The same is culled out hereunder for ready reference: “In the above case the accused petitioner submits as under:- 1. That the complainant has filed the complaint U/Sec. 115(2), 3(5), 351(2), 352, 85, BSN before the Aurad Police Station a case registered in Crime No.61/2024 against the accused petitioner. - 4 - HC-KAR NC: 2025:KHC-K:2787 CRL.P No. 201630 of 2024 2. That thereafter the accused and complainant/Respondent No.2 have settled the as per advise of elder members and local persons matter out of court. Hence in view of the above compromise the Hon'ble Court may kindly be record the compromise and compound the offence and acquit the accused. PRAYER Hence it is prayed that the Hon'ble Court may kindly be pleased to compound the offence and acquit the accused, in the interest of justice.” 3. On enquiry, respondent No.2 unequivocally submits that she is prepared to compound the offences alleged against the petitioners as there is a true settlement among the parties. She would also submits that the differences are ironed out and she is already living with petitioner No.1 in the matrimonial home and would continue to lead happy married life. 4. Taking note of the true settlement among the parties, even though the offences alleged against the - 5 - HC-KAR NC: 2025:KHC-K:2787 CRL.P No. 201630 of 2024 petitioners are non-bailable in nature, following the principles of law enunciated by the Hon’ble Apex Court in the case of Ramgopal vs. The State of Madhya Pradesh reported in 2021 SCC Online 834, this Court is of the considered opinion that pending criminal proceedings against the petitioners needs to be quashed. Accordingly, following: ORDER a) Criminal petition is allowed. b) Pending criminal proceedings in Crime No.61/2024 of Aurad police station, Bidar district, which is pending before the learned Civil Judge and JMFC, Aurad, is hereby quashed. Sd/- (V SRISHANANDA) JUDGE SRT List No.: 1 Sl No.: 31 CT:PK