- 1 - HC-KAR NC: 2025:KHC-D:10194 CRL.P No. 103154 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103154 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: MR. DURUGAPPA S/O YAMANAPPA HARIJAN, AGE. 32 YEARS, OCC. GOVT. EMPLOYEE, R/O. DHAMMUR VILLAGE, TQ. YELBURGA, DIST. KOPPAL-583 231. … PETITIONER (BY SRI. N.D. GUNDE, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY YELBURGA POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580 001. 2. MIS. XXX AGE. 29 YEARS, OCC. HELPER/ANGANWADI TEACHER, R/O. DHAMMURU VILLAGE-583 221, TQ. YELBURGA, DIST. KOPPAL. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. DHANANJAY MADAR, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO QUASH THE ORDER DATED 03.07.2025 IN CC NO.304/2025 PENDING ON THE FILE OF LEARNED SENIOR CIVIL JUDGE AND JMFC YELBURGA THEREBY TAKING COGNIZANCE FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 376(2)(N), 417, 504, 506 OF IPC, IN CRIME NO.59/2025 REGISTERED WITH YELBURGA P.S. AS AGAINST THE PETITIONER/ACCUSED AND ALLOW THE CRIMINAL PETITION. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10194 CRL.P No. 103154 of 2025 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) Accused in S.C. No.304/2025 pending before the Court of Senior Civil Judge and JMFC, Yelbarga, arising out of Crime No.59/2020 registered by Yelburga Police Station, Koppal District, for the offences punishable under Sections 376(2)(n), 417, 504, 506 of IPC, is before this Court under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 with a prayer to quash the entire proceedings as against him in the aforesaid case. 2. Heard the learned counsel for the parties. 3. Learned counsels for the private parties jointly submit that dispute between the parties has been amicably settled and they have now agreed to get married. Material on record would go to show that they were in a consensual relationship for a considerable period of time. Petitioner and respondent No.2 are both - 3 - HC-KAR NC: 2025:KHC-D:10194 CRL.P No. 103154 of 2025 government officials. Since they have now decided to get marry, they intended to give a quietus to the dispute between themselves and accordingly, they have filed an application before this Court seeking permission of this Court to permit them to compound the alleged offences. 4. Per contra, learned HCGP has brought to the notice of this Court that the alleged offences are non compoundable in nature. 5. The application filed by the petitioner and respondent No.2 under Section 482 read with Section 320 of Cr.P.C., seeking permission of this Court to permit them to compound the alleged offences is taken on record. The said application is signed by the parties and by their respective advocates. Application is supported by the affidavit of the parties. The parties who are present before this Court are identified by their respective advocates. The parties have stated before the Court that settlement between the parties is voluntary without there being any - 4 - HC-KAR NC: 2025:KHC-D:10194 CRL.P No. 103154 of 2025 coercion and undue influence. In the affidavit of respondent No.2 defacto complainant, in paragraph Nos.3 to 7, it is stated as follows: “3. I submit that at the intervention of elders and well wishers the dispute has been resolved and we have agreed to marry each other after withdrawal of allegations made in the complaint. 4. I have no objection to quash the above proceedings as against the petitioner. 5. I submit that we have agreed to marry each other by withdrawing the allegations made against each other. 7. I submit that we have entered into the above compromise without any coercion and undue influence.” 6. Perusal of the averments found in the first information would go to show that parties are acquainted to each other and they were in love. It appears that they had a consensual relationship for a considerable period of time and allegation in the first information is that - 5 - HC-KAR NC: 2025:KHC-D:10194 CRL.P No. 103154 of 2025 subsequently, the petitioner had refused to marry respondent No.2. The parties are now before this Court and they have stated that the dispute between them is settled and they have agreed to marry each other. 7. The Hon'ble Supreme Court in the case of Ramgopal and another vs. State of Madhya Pradesh1, has observed that, notwithstanding the limitations provided under Section 320 of Cr.P.C., this Court in exercise of powers under Section 482 of Cr.P.C., can quash criminal proceedings initiated, even for non- compoundable offences. In the present case, the allegations made against the accused are private in nature. The dispute between the parties has been amicably settled and they intend to give a quietus to the dispute and to get married. It is brought to the notice of this Court that petitioner and respondent No.2 are Government employees. 1 AIR 2022 (14) SCC 531 - 6 - HC-KAR NC: 2025:KHC-D:10194 CRL.P No. 103154 of 2025 8. Considering the aforesaid aspects, I am of the opinion that it is a fit case where this Court needs to exercise its powers under Section 482 of Cr.P.C. in order to secure the ends of justice. Accordingly, the following: ORDER Criminal Petition is allowed. The entire proceedings in S.C. No.304/2025 pending before the Court of Senior Civil Judge and JMFC, Yelbarga, arising out of Crime No.59/2020 registered by Yelburga Police Station, Koppal District, for the offences punishable under Sections 376(2)(n), 417, 504, 506 of Indian Penal Code as against petitioner is hereby quashed. Sd/- (S.VISHWAJITH SHETTY) JUDGE VMB CT:BCK LIST NO.: 1 SL NO.: 45