- 1 - HC-KAR NC: 2025:KHC-D:12730 CRL.P No. 103868 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103868 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: 1. BANADA MARUTHI @ B. MARUTHI S/O VENKAPPA, AGED ABOUT 37 YEARS, 2. SMT. LAKSHMIDEVI @ B. LAKSHMIDEVI W/O VENKAPPA, AGED ABOUT 68 YEARS, 3. BANADA YANKAPPA @ BANADA VENKAPPA S/O KOTLAMMA BANADA, AGED ABOUT 73 YEARS, 4. BANADA KRISHNAPPA @ BANADA KRISHNA S/O BANADA VENKAPPA, AGED ABOUT 41 YEARS, 5. SMT. GOURAMMA @ RADHA B. W/O LATE NARASIMRAJA, AGED ABOUT 46 YEARS, 6. SMT. NAGARATHNA @ NAGARATHNA W/O GURUPRASANNA, AGED ABOUT 39 YEARS, 7. KUM. BANADA BHAGYA LAKSHMI @ BHAGYALAKSHMI D/O B. VENKAPPA, AGED ABOUT 35 YEARS, RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12730 CRL.P No. 103868 of 2025 8. BELEKAYI NAVEEN KUMAR @ B. NAVEEN KUMAR S/O LATE NARASIMRAJA, AGED ABOUT 28 YEARS, ALL ARE R/O NEAR GIRLS SCHOOL, B.B. THANDA ROAD, KUDLIGI TALUK, VIJAYANAGARA DISTRICT-583 122. … PETITIONERS (BY SRI. M. AMAREGOUDA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, (KUDLIGI POLICE STATION), VIJAYANAGARA, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580 011. 2. SMT. B. JYOTHI W/O B. MARUTHI, AGED ABOUT 27 YEARS, PRESENT R/O. NEAR GIRLS SCHOOL, B.B. THANDA ROAD, KUDLIGI TALUK, VIJAYANAGARA DISTRICT-583 122. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SMT. G.K. KEERTHI, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS, 2023), PRAYING TO QUASH THE COMPLAINT, FIR AND CHARGE SHEET IN KUDLIGI POLICE STATION CRIME NO.190/2024 DATED 25.11.2024, PENDING IN THE COURT OF SENIOR CIVIL JUDGE AND JMFC AT KUDLIGI , IN C.C. NO.329/2025, INITIATION OF THE CRIMINAL PROCEEDINGS AGAINST THE PETITIONERS, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(2), 85, 74, 115(1), 352, 133 R/W 190 OF BNS - 3 - HC-KAR NC: 2025:KHC-D:12730 CRL.P No. 103868 of 2025 ACT, SO FAR AS PETITIONERS WHO ARE ARRAYED AS ACCUSED NO.1 TO 8, TO MEET THE ENDS OF JUSTICE. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Petitioners are before this Court under Section 528 of BNSS, 2023 read with Section 482 of Cr.P.C. with a prayer to quash the entire proceedings in CC No.329/2025 pending before the Court of Senior Civil Judge and JMFC, Kudligi, arising out of Crime No.190/2024 registered by Kudligi Police Station, Vijayanagara, for the offences punishable under Sections 189(2), 191(2), 85, 74, 115(1), 352, 133 and 190 of BNS, 2023, as against them. 2. Heard the learned counsel for the parties. 3. Learned counsel for the petitioners and learned counsel for respondent No.2 submit that respondent No.2 is the wife of petitioner No.1. The dispute between the parties has been settled and respondent No.2 has now joined petitioner No.1 and they are residing together for the last three months. Parties have - 4 - HC-KAR NC: 2025:KHC-D:12730 CRL.P No. 103868 of 2025 filed an application before this Court seeking permission of this Court to compound the alleged offences. Accordingly, they pray to allow the petition. 4. The parties, who are present before the Court are identified by their respective Advocates. Application filed seeking permission of this Court to compound the alleged offences for which petitioners have been charge sheeted is signed by the parties and also their respective Advocates. The said application is also supported by the affidavit of the parties. In paragraph Nos.3 to 5 of the application filed under Section 528 read with Section 359(2) of BNSS, 2023, by the parties, it is stated as follows:- “3. On 02/04/2017 the marriage of the complainant/Respondent No.2 and Petitioner No.1/accused No.1 was performed as per the rites prevailing in their community. The respondent No.2 and petitioners belongs to the same family. Now at the intervention and advice of the elderly persons respondent No.2 and petitioners have decided to resolve the dispute amicably to maintain harmony, peace in the family. 4. It is respectfully submitted that, the complainant and petitioner No.1 has lead their seven years of marriage and - 5 - HC-KAR NC: 2025:KHC-D:12730 CRL.P No. 103868 of 2025 have two children out of their marriage. Three months back, complainant Re-union/rejoined the petitioner No.1, and leading their marital life with the intervention of the elders of both the families. In view of the settlement and compromise arrived between parties.” 5. That, in view of such development and to avoid complications and better understanding, it is most humbly prayed that, this Hon'ble Court be pleased to kindly accord necessary permission to compound the offences and kindly quash the FIR, Complaint, Charge Sheet and entire criminal proceedings in C.C.No.329/2025 in connection with Kudligi P.S. Crime No.190/2024 dated 25/11/2024, pending in the court of Senior Civil Judge & JMFC at Kudligi,, for the offences punishable under Sections 189 (2), 191(2), 85, 74, 115(1), 352, 133 R/W 190 of BNSS 2023, to meet the ends of justice.” 5. In the affidavit of respondent No.2, in paragraph Nos.2 to 4, it is stated as follows:- “2. I state that, petitioner No.1 herein is my Husband and petitioner No.2 to 8 MN are my in-laws and due to some misunderstanding between myself, Petitioner No.1 and other petitioners, I have filed a complaint against the petitioners herein. Now at the instance and intervention of elderly persons from my family we have are decided to settle the dispute amicably among ourselves. 3. I state that, I have entered into compromise after reading the contents of this affidavit. - 6 - HC-KAR NC: 2025:KHC-D:12730 CRL.P No. 103868 of 2025 4. I state that, for the above stated reasons and in view of the facts as stated supra, the Criminal proceedings pending against the petitioners, in the court of Senior Civil Judge and JMFC, at Kudligi in C.C No.329/2024 for the offences punishable under Sections 189(2), 191(2), 85, 74, 115(1), 352, 133 R/w 190 of BNSS 2023,, may kindly be allowed to be compounded, in the interest of Justice.” 6. The parties are all close relatives and the dispute between the husband and wife has been now settled and the couple have reunited and they are living together. The parties have stated that settlement arrived between them is voluntarily without therebeing any undue influence or coercion. Under the circumstances, I am of the opinion that the prayer made by the parties to permit them to compound the alleged offences is required to be granted. Accordingly, the following order:- 7. The prayer made by the parties to permit them to compound the alleged offences is granted. Consequently, the Criminal Petition is allowed. The entire proceedings in CC No.329/2025 pending before the Court of Senior Civil Judge and JMFC, Kudligi, arising out of Crime No.190/2024 registered by Kudligi Police Station, Vijayanagara, for the offences punishable - 7 - HC-KAR NC: 2025:KHC-D:12730 CRL.P No. 103868 of 2025 under Sections 189(2), 191(2), 85, 74, 115(1), 352, 133 and 190 of BNS, 2023, as against the petitioners herein, is hereby quashed. Sd/- (S.VISHWAJITH SHETTY) JUDGE DN CT:BCK LIST NO.: 2 SL NO.: 6