- 1 - NC: 2025:KHC-D:239 CRL.P No. 103777 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. 103777 OF 2024 (482(CR.PC)/528(BNSS)) BETWEEN: IRSHAD S/O HAMIDSAB MITHAYIGAR AGE: 59 YEARS, OCC: MECHANIC, R/AT: GOUSIYA TOWN, OLD HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD-580 020. … PETITIONER (BY SRI. GOURI SHANKAR MOT, 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. RIJWANA W/O NAWAZKHAN PATHAN, AGE: 27 YEARS, OCC: HOUSEWIFE, R/AT: GOUSIYA TOWN, OLD HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD-580 020. … RESPONDENTS (BY SRI. T. HNUMMAREDDY, AGA OF R1; SRI. ZANZA JOSHI, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO QUASH THE COGNIZANCE DATED 21.03.2022 AND ENTIRE PROCEEDINGS AGAINST THE SOLE ACCUSED/PETITIONER AS IN KASABAPETH POLICE STATION IN CRIME NO.121/2021 FOR THE OFFENCE PUNISHABLE U/S 323, 354, 451, 452, 504 OF IPC PENDING ON THE FILE OF 2ND ADDL. CIVIL Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.21 07:28:51 +0530 - 2 - NC: 2025:KHC-D:239 CRL.P No. 103777 of 2024 JUDGE AND JMFC III, AT: HUBBALLI IN CC NO.707/2022, IN THE INTEREST OF JUSTICE. THIS PETITION IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner is sought to be prosecuted for offences punishable under Sections 323, 354, 451, 452, and 504 of the Indian Penal Code (IPC). 2. The case of the prosecution is that the petitioner, who is the paternal uncle of the husband of the de-facto complainant, criminally trespassed into the complainant’s house, threatened her with dire consequences, and outraged her modesty. 3. During the pendency of this petition, the parties filed a joint application under Sections 359(6) and 359(8) of the Bharatiya Nagarik Suraksha Sanhita, 2023, stating that they have amicably resolved the dispute among themselves. As per the settlement, the complainant has agreed to withdraw all allegations against the petitioner and has no objection to quashing the proceedings against him. 4. Both parties are present before the Court and have been identified by their respective counsel. 5. Although the offences alleged are cognizable and non- compoundable, considering that the parties have amicably settled the dispute, subjecting the petitioner to trial would be a futile - 3 - NC: 2025:KHC-D:239 CRL.P No. 103777 of 2024 exercise. The possibility of the petitioner’s conviction is remote and bleak in light of the settlement arrived at between the parties. Therefore, the continuation of criminal proceedings against the petitioner would amount to an abuse of the process of law. 6. Accordingly, I pass the following: ORDER i) Accordingly, the criminal petition is allowed. ii) The impugned proceedings in C.C. No.707/2022 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. Sd/- (HEMANT CHANDANGOUDAR) JUDGE KMS List No.: 1 Sl No.: 12