- 1 - NC: 2025:KHC-D:240 CRL.P No. 103779 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO.103779 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. RIJWANA W/O. NAWAZKHAN PATHAN AGE. 27 YEARS,OCC. HOUSEWIFE, 2. KASIMSAB S/O. HUSSAINSAB KANCGAR AGE. 52 YEARS, OCC. FABRICATION, BOTH R/AT. H.NO. 45, ALTAF COLONY, OLD HUBBALLI, TQ. HUBBALLI, DIST. DHARWAD-580 020. …PETITIONERS (BY SRI. ZANZA SHAILESH JOSHI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA KASABAPETH POLICE STATION, HUBBALLI, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA , DHARWAD BENCH, AT. DHARWAD. 2. FARIDAKHANUM W/O. ISMAILKHAN PATHAN AGE. 58 YEARS, OCC. HOUSEWIFE, R/AT. ISLAMPUR ROAD, GOUSIYA GOUN, OLD HUBBALLI, TQ. HUBBALLI, DIST. DHARWAD-580020. …RESPONDENTS (BY SRI. ASHOK T. KATTIMANI, AGA FOR R1; SRI. GOURI SHANKAR MOT, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO QUASH THE FURTHER PROCEEDINGS AGAINST THE ACCUSED NO.1 AND 2/PETITIONERS AS IN KASABAPETH POLICE STATION IN CRIME NO.00131/2021 FOR THE Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.21 07:28:52 +0530 - 2 - NC: 2025:KHC-D:240 CRL.P No. 103779 of 2024 OFFENCE PUNISHABLE U/S 323, 324, 354, 451, 504 AND 506 R/W 34 OF IPC PENDING ON THE FILE OF 2 ND ADDL.CIVIL JUDGE AND JMFC-III, AT HUBBALLI IN CC NO.372/2022. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioners herein are sought to be prosecuted for the offences punishable under Sections 323, 324, 354, 451, 504 and 506 read with Section 34 of the Indian Penal Code. 2. The case of the prosecution is that, on 30.03.2021, accused No.1, who is the daughter-in-law, picked up a quarrel with de facto complainant and assaulted on her neck, and accused No.2, the father-in-law, criminally trespassed into the house, assaulted her, outraged her modesty and threatened her with dire consequences. 3. During the pendency of this petition, the parties have filed a joint application under Section 359(6) and (8) of Bharatiya Nagarik Suraksha Sanhita, 2023 stating that they have amicably resolved the dispute among themselves and in terms of the settlement, the complainant has agreed to withdraw all the allegations against the petitioners, and she has no objection for quashing the impugned proceedings against the petitioners. 4. The parties are present before the Court and are identified by their respective counsels. - 3 - NC: 2025:KHC-D:240 CRL.P No. 103779 of 2024 5. Though the offences alleged are cognizable and non- compoundable, having regard to the fact that parties have amicably settled the dispute among themselves, it would be a futile exercise if the petitioners are subjected to trial since the possibility of conviction of the petitioners-accused is remote and bleak. Therefore, continuation of the criminal proceedings against the petitioners will be an abuse of process of law. Hence, I pass the following: ORDER i) Accordingly, the criminal petition is allowed. ii) The impugned proceedings in C.C. No.372/2022 pending on the file of II Additional Civil Judge and JMFC-III, Hubballi, is hereby quashed. Pending I.As., if any, do not survive for consideration and are disposed of accordingly. KMS Ct:vh List No.: 1 Sl No.: 13 Sd/- (HEMANT CHANDANGOUDAR) JUDGE