- 1 - HC-KAR NC: 2025:KHC-D:9772 CRL.P No. 102835 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102835 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: 1. SHRI SIDAPPA BILITALI S/O. MANAPPA, AGE: 38 YEARS, OCC: PRIVATE WORK, R/O: SHIVASHANKAR COLONY, KARWAR ROAD, OLD HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD-580 024. 2. SMT. DEVAKKA SHIKKALIGAR W/O. SUNIL BILANA, AGE: 32 YEARS, OCC: HOUSE WIFE, R/O: C/O. HUSENI, SHIVASHANKAR COLONY, OLD HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD-580 024. & PETITIONERS (BY SMT. NAYANA KUMAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, R/BY WOMEN P.S. HUBBALLI DHARWAD CITY, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT DHARWAD, DHARWAD-580 011. 2. SMT. SHRUTI BILETELI W/O. SIDAPPA BILITELI, AGE: 28 YEARS, OCC: HOUSE WIFE, R/O: NEKARNAGAR, TIMMASAGAR ROAD, OLD HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD-580 024. & RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. VISHWANATH L. HEGDE, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO QUASH THE RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:9772 CRL.P No. 102835 of 2025 CRIMINAL PROCEEDINGS INITIATED AGAINST THE PETITIONERS/ACCUSED NO.1 AND 2 IN CC NO.3895/2025 (CRIME NO.11/2025 WOMEN P.S. HUBBALLI DHARWAD, ON THE FILE OF THE III ADDL. CIVIL JUDGE AND JMFC, HUBBALLI, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 85, 352 R/W 3(5) OF BNS 2023, PRODUCED AT ANNEXURE-D, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused Nos.1 and 2 in C.C.No.3895 of 2025 pending before the Court of the III Addl. Civil Judge and JMFC, Hubballi, arising out of Crime No.11 of 2025 registered by Hubballi-Dharwad City Women Police station for offences punishable under Sections 85, 352 read with Section 3(5) of the Bharatiya Nyaya Sanhita 2023 (BNS 2023), are before this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS 2023) with a prayer to quash the entire proceedings in the aforesaid case. 2. Heard learned counsel for the parties. 3. Learned counsel for the petitioner and learned counsel for the respondent No.2 jointly submit that the - 3 - HC-KAR NC: 2025:KHC-D:9772 CRL.P No. 102835 of 2025 dispute between the parties, who are close relatives, has been amicably settled. Accused No.1, who is the husband of the de facto complainant, has paid a sum of ¹3,50,000/- to respondent No.2 towards permanent alimony and the parties have agreed to dissolve their marriage by filing appropriate petition before the Jurisdictional Court. They submit that settlement between the parties is at the intervention of well wishers and elders of both the families and the same is voluntary without there being any undue influence and coercion. They submit that parties have filed a joint application under Section 359(2) read with Section 528 of BNSS 2023 seeking permission of this Court to compound the alleged offences and consequently to quash the impugned criminal proceedings. 4. Submissions are placed on record. 5. The joint application filed by the parties which is signed by their respective advocates is taken on the - 4 - HC-KAR NC: 2025:KHC-D:9772 CRL.P No. 102835 of 2025 record. The parties who are present before the Court are identified by their respective advocates. The joint application is supported by the affidavit of accused No.1- husband and the first informant, who is the wife of accused No.1. In the joint application, in paragraph Nos.4 to 7, it is stated as follows: <4. The Petitioner No.1 has agreed and consented to pay a sum of Rs.3,50,000/- (Rupees Three Lakhs Fifty Thousand Only) to the Respondent No.2 as permanent alimony in full and final settlement. The entire amount has been paid in cash to the Respondent No.2 in the presence of relatives and parents. The Respondent No.2 acknowledges the receipt of Rs.3,50,000/-(Rupees Three Lakhs Fifty Thousand Only). 5. The Respondent No.2 freely and voluntarily agreed, consented that after receipt of Rs. 3,50,000/- (Rupees Three Lakhs Fifty Thousand Only) as one time settlement/permanent alimony. The 2nd Respondent will not to raise and do hereby surrender all her rights to claim maintenance or monetary compensation invoking the provisions of Cr.P.C /BNSS, PWDV Act 2005 and Hindu Adoption and Maintenance Act at the time of dissolution of marriage. The Respondent No.2 has agreed to withdraw C.%. 3895/2025 pending on the file of Prl. Civil Judge and JMFC, Hubballi. 6. The Petitioners and respondent No.2 Further submit that there is no force, threat or any coercion in entering into this compromise and out of Free will the present joint petition is being submitted. The Affidavit filed along with this application and the affidavit may be treated as part and parcel of this application. 7. Hence, it is prayed that this Hon'ble Court may be pleased to accept this joint application filed by accused No.1 & 2 /Petitioners in Crl. Pet. No.102835/2025 and the Respondent No.2.= - 5 - HC-KAR NC: 2025:KHC-D:9772 CRL.P No. 102835 of 2025 6. The alleged offences are compoundable in nature and considering the relationship between the parties, who have now settled the dispute amicably between themselves and have decided to put an end to the dispute and live peacefully in future, I am of the opinion that the prayer made in the application as well as in the petition needs to be granted. Accordingly, the following: ORDER i. Petition is allowed. ii. The entire proceedings in C.C.No.3895 of 2025 pending before the Court of the III Addl. Civil Judge and JMFC, Hubballi, arising out of Crime No.11 of 2025 registered by Hubballi-Dharwad City Women Police station for offences punishable under Sections 85, 352 read with Section 3(5) of the Bharatiya Nyaya Sanhita 2023, is quashed. - 6 - HC-KAR NC: 2025:KHC-D:9772 CRL.P No. 102835 of 2025 iii. Pending interim applications, if any, do not survive for consideration. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK CT:BCK LIST NO.: 1 SL NO.: 91