- 1 - HC-KAR NC: 2025:KHC-D:13423 CRL.P No. 104000 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. 104000 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: 1. SMT. BHAGYASHREE W/O LATE PRASHANT KANCHER, AGE. 32 YEARS, OCC. HOUSE WIFE, R/O. LAKKUNDI, GADAG-582 103. 2. SMT. MANJULA W/O MUTTANAGOUDA GIRIYAPPAGOUDAR, AGE. 34 YEARS, OCC. HOUSE WIFE, R/O. NARSAPUR, GADAG-582 102. … PETITIONERS (BY SRI. SHUBHENDU A. AKALWADI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, GADAG RURAL P.S., R/BY ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT KARNATAKA, DHARWAD-580 022. 2. SHRI. PRAVEEN S/O CHANDRASHEKAR KANCHER, AGE. 33 YEARS, OCC. FOREST DEPARTMENT, R/O. KALAGHATAGI, DHARWAD-581 204. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. PRAVEEN KUMAR G., 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 FIR AND COMPLAINT AND FURTHER PROCEEDINGS IN CRIME NO.27/2025 BY GADAG RURAL P.S. PENDING ON THE FILE OF II ADDL. CIVIL JUDGE AND JMFC COURT, GADAG FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 108, 3(5) OF BNS, 2023 AGAINST THE PETITIONER/ACCUSED NO.1 AND 2, IN THE INTEREST OF JUSTICE. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:13423 CRL.P No. 104000 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) 1. Petitioners are before this Court under Section 528 of BNSS, 2023, with a prayer to quash the entire proceedings in Crime No.27/2025 registered by Gadag Rural Police Station, Gadag for the offences punishable under Sections 108 read with Section 3(5) 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 jointly submit that dispute between the parties has been amicably settled. Petitioner No.1, is the wife of deceased and petitioner No.2 is the elder sister of the petitioner No.1. Respondent No.2, is the brother of deceased and they submit that by a mistaken notion, respondent No.2 had filed complaint against the petitioners. The dispute between the parties has been now amicably settled at the intervention of well wishers and elders of both the families. They submit that parties have filed a petition under Section 320 read with Section 482 of - 3 - HC-KAR NC: 2025:KHC-D:13423 CRL.P No. 104000 of 2025 Cr.P.C., before this Court with a prayer to permit the parties to compound the alleged offences for which FIR has been registered against petitioners. Accordingly, they pray to allow the petition. 4. Parties, who are present before this Court are identified by their respective Advocates. They have stated that settlement between the parties is voluntary without there being any undue influence or coercion. The marriage between accused No.1 and the deceased was a love marriage. The allegation in the first information is that accused Nos.1 and 2, who are sisters, were suspecting that the deceased had illicit relationship with some other girl and were torturing him. Deceased Prashant, who was a police constable, had committed suicide in a police guest house on 13.02.2025 by hanging himself. Alleging that petitioners herein were the cause for Prashant committing suicide, respondent No.2, who is his elder brother, had approached the police and submitted the first information based on which FIR has been registered against the petitioners. The parties have now filed petition before this Court seeking permission of this Court to permit them to compound the offences for which FIR has been registered against the petitioners. - 4 - HC-KAR NC: 2025:KHC-D:13423 CRL.P No. 104000 of 2025 5. In paragraph Nos.2 and 3 of the petition filed under Section 320 read with Section 482 of Cr.P.C, it is stated as follows: “2) It is further submitted that after the registration of the complaint, the charge sheet has not yet been filed. It is submitted that the complainant's family and accused family and also on the advice of the counsels of respective parties the accused persons/petitioners and the complainant/respondent No. 2 had come to the conclusion for amicable settlement to maintain the peace and harmony and to continue a good cordial relationship as petitioner No.1 and as well as Respondent No.2 are brother-in-law and sister-in-law and also to settle the dispute once for all. Hence, the same may kindly be accepted by way of the compromise petition and quash the entire proceedings, including complaint and FIR, in the interest of justice. 3) It is further submitted that the petitioner No. 1 and the deceased husband are having son by name Chandan who is 8 years old. In order to maintain and to take care so also to secure the future of son i.e., respondent no. 2 being uncle and in order to maintain good relation, peace and harmony, both the petitioners and Respondent No.2, on the aid and advice of respective counsels, elders of the family and well-wishers, have decided to settle the dispute - 5 - HC-KAR NC: 2025:KHC-D:13423 CRL.P No. 104000 of 2025 amicably. Hence, the petitioners request the HON'BLE court to allow this compromise petition and permit to compound the offences.” 6. The petition is also supported by the affidavit of petitioners and respondent No.2. The petition is signed by the parties and by their respective Advocates. 7. The Hon'ble Supreme Court in the case of Ram Gopal v. State of Madhya Pradesh – 2021 12 SCC 673 has held that notwithstanding the limitation under Section 320 of Cr.P.C. in cases where the parties who are relatives have amicably settled the dispute, taking into consideration the gravity of offence and nature settlement, this Court in exercise of its powers under Section 482 of Cr.P.C. can quash the proceedings registered even for non-compoundable offences. 8. Considering the nature of allegations found in the first information against the petitioners and also having regard to the nature of settlement arrived between the parties, who are all close relatives, I am of the opinion that in the interest of justice, the prayer made in this petition needs to be granted. Accordingly, the following order:- - 6 - HC-KAR NC: 2025:KHC-D:13423 CRL.P No. 104000 of 2025 9. The petition is allowed. The entire proceedings in Crime No.27/2025 registered by Gadag Rural Police Station, Gadag for the offences punishable under Sections 108 read with Section 3(5) of BNS, 2023, is hereby quashed as against the petitioners herein. 10. In view of the disposal of the main petition, pending interlocutory application if any, does not survive for consideration. Hence, disposed of. Sd/- (S.VISHWAJITH SHETTY) JUDGE DN CT:BCK LIST NO.: 2 SL NO.: 4