- 1 - HC-KAR NC: 2025:KHC-D:13409 CRL.P No. 103901 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103901 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: SHRI AMIT S/O MANOHAR SHINDE, AGE. 29 YEARS, OCC. BUSINESS, R/O. 2ND CROSS, NEAR RAYARMATH, MALAMADDI, DHARWAD, PIN-581 202. … PETITIONER (BY SRI. T.R. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS DHARWAD SUB-URBAN P.S., REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD, PIN-580 011. 2. XXXX W/O IRANNA BYALI, AGE. 25 YEARS, OCC. STUDENT, R/O. SAMBAL ONI, MALAPUR, DHARWAD, PIN-581 205. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. SHIVA SHIRUR, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS, 2023), PRAYING TO QUASH IN RESPECT OF THE PETITIONER/ACCUSED THE COMPLAINT AND FIR DATED 03/07/2025 IN DHARWAD SUB-URBAN PS CRIME NO.121/2025 ON THE LEARNED PRINCIPAL CIVIL JUDGE (JR.DN.) AND J.M.F.C COURT, DHARWAD FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 64, 69, 88, 318(4), 351(2) OF BNS-2023. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:13409 CRL.P No. 103901 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Petitioner is before this Court under Section 528 of BNSS, 2023 with a prayer to quash the entire proceedings in Crime No.121 of 2025 registered by Dharwad Sub-Urban Police Station for offences punishable under Sections 64, 69, 88, 318(4), 351(2) of BNS, 2023, pending before the Court of Principal Civil Judge and JMFC, Dharwad. 2. Heard the learned counsel for the parties. 3. Learned counsel for the petitioner and learned counsel for respondent No.2 jointly submit that dispute between the parties has been amicably settled. The victim girl is not interested in continuing the impugned criminal proceedings, as the same is coming in the way of her marriage. They submit that the parties have filed an application before this Court under Section 359 read with Section 528 of BNSS, 2023 seeking permission of this Court to compound the alleged offences and consequently, quash the impugned proceedings. - 3 - HC-KAR NC: 2025:KHC-D:13409 CRL.P No. 103901 of 2025 4. Per contra, learned HCGP has brought to the notice of this Court that FIR has been registered in the present case for non-compoundable offences. 5. Perusal of the material on record would go to show that victim girl is married and her husband has filed divorce petition which is pending before the Jurisdictional Family Court at Hubballi in M.C. No.195 of 2025. Allegation in the first information is that petitioner got acquainted to the victim and he had represented to her that he would help her in her divorce case and also he had assured to marry her. She has further alleged that petitioner had taken her along with him and had sexual intercourse with her with the assurance of marrying her and subsequently, he had refused to marry her and it is under these circumstances, FIR was registered against the petitioner. 6. The parties have now approached this Court with a prayer to permit them to report settlement and also to permit them to compound the alleged offences against the - 4 - HC-KAR NC: 2025:KHC-D:13409 CRL.P No. 103901 of 2025 petitioner. The application filed by the parties under Section 359 read with Section 528 of BNSS, 2023 is supported by the affidavit of the parties. In paragraph Nos.2 to 4 of the application, it is stated as follows: “2. The parties have now amicably resolved their differences without any coercion, undue influence, or external pressure. 3. The Respondent No.2 hereby unconditionally withdraws and discharges all allegations made against the petitioner in the FIR and subsequent proceedings and has no objection to the quashing of the Dharwad Sub Urban P.S. Crime No.121/2025 dated 03.07.2025. 4. The settlement between the parties is voluntary, and no monetary or other consideration has been exchanged. Both parties undertake not to raise any further claims or disputes arising out of the subject matter of this case.” - 5 - HC-KAR NC: 2025:KHC-D:13409 CRL.P No. 103901 of 2025 7. In the affidavit filed by the parties, it is stated that the parties are relatives and at the intervention of the well wishers and elders of both the parties, they have decided to give a quietus to their inter se dispute. Parties, who are present before this Court in person have been identified by their respective advocates. 8. The Hon'ble Supreme Court in the case of Ram Gopal and another vs. State of Madhya Pradesh1 has observed that notwithstanding the limitations provided under Section 320 of Cr.P.C., this Court can exercise its powers under Section 482 of Cr.P.C. for quashing criminal cases registered for non-compoundable offences depending upon the nature and gravity of the allegations and also the nature of settlement between the parties. 9. Considering the nature of allegations found against the petitioner in the FIR and also the settlement which has been arrived between the parties, which is said to 1 AIR 2022 (14) SCC 531 - 6 - HC-KAR NC: 2025:KHC-D:13409 CRL.P No. 103901 of 2025 be voluntary without there being any undue influence and coercion, I am of the opinion that in the interest of justice, prayer made in the petition needs to be granted. Accordingly, the following: ORDER Criminal Petition is allowed. The entire proceedings in Crime No.121 of 2025 registered by Dharwad Sub-Urban Police Station for offences punishable under Sections 64, 69, 88, 318(4), 351(2) of BNS, 2023, pending before the Court of Principal Civil Judge and JMFC, Dharwad, as against the petitioner is hereby quashed. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH / CT:BCK LIST NO.: 1 SL NO.: 51