Karnataka High Court
Shri P C Balaji S/O Chandra Shetty P vs The State Of Karnataka on 3 July, 2025
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NC: 2025:KHC-D:8336
CRL.P No. 103721 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 3RD DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL PETITION NO.103721 OF 2023
(482 OF Cr.PC/528 OF BNSS)
BETWEEN:
SHRI. P. C. BALAJI S/O. CHANDRA SHETTY P.,
AGE: 51 YEARS, OCC: BUSINESS,
R/O. OPP. DIWAKAR DENTAL CLINIC,
DR. RAJ KUMAR ROAD, OPP. BDA FOOTBALL GROUND,
BALLARI, DIST. BALLARI-583101.
...PETITIONER
(BY SRI. J. BASAVARAJ, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
Digitally signed
by RAKESH S (THROUGH GANDHINAGAR P. S. BALLARI),
HARIHAR BY STATE PUBLIC PROSECUTOR,
Location: High
Court of HIGH COURT OF KARNATAKA,
Karnataka,
Dharwad BENCH AT: DHARWAD-580011.
Bench
2. SMT. VINUTHA P. B. W/O. P. C. BALAJI,
AGE: 44 YEARS, OCC: HOUSE WIFE,
R/O. H.NO. 14, JAYADURGA APARTMENT,
PARVATHI NAGAR, W.NO.1, 2ND FLOOR,
1ST CROSS, BALLARI, DIST. BALLARI 583101.
...RESPONDENTS
(BY SMT. KIRTILATA R. PATIL, HCGP FOR R1;
SHRI. D. V. PATTAR, ADV. FOR R2)
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NC: 2025:KHC-D:8336
CRL.P No. 103721 of 2023
HC-KAR
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C SEEKING TO QUASH THE IMPUGNED COMPLAINT
DATED 02.11.2022 AS PER ANNEXURE-A AND SUBSEQUENT
REGISTRATION OF IMPUGNED FIR IN CRIME NO.150/2022
DATED 02.11.2022 AT GANDHINAGAR POLICE STATION AS PER
ANNEXURE-B AND SUBSEQUENT ORDER OF COGNIZANCE
DATED 19.04.2023 AND PROCEEDINGS IN C.C. NO.609/2023
PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC
COURT, BALLARI AS PER ANNEXURE-D AND E RESPECTIVELY
FOR THE ALLEGED OFFENCES UNDER SECTIONS 452,
323, 504, 506 OF IPC 1860 IN RESPECT OF PETITIONER/
ACCUSED NO.1, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION IS COMING ON FOR ADMISSION THIS
DAY, ORDER WAS MADE THEREIN AS UNDER
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Sri J. Basavaraj., learned counsel for the petitioner, Smt. Kirtilata Patil., learned High Court Government Pleader for respondent No.1 - State and Sri. D.V.Pattar., learned counsel for respondent No.2. The petitioner and de facto complainant are present.
2. The petitioner/accused has filed the present petition under Section 482 of the Code of Criminal Procedure (for short 'Cr.P.C.') seeking to quash the entire proceedings in C.C.No.609/2023, pending on the file of the -3- NC: 2025:KHC-D:8336 CRL.P No. 103721 of 2023 HC-KAR learned Principal Civil Judge and JMFC at Ballari arising out of Crime No.150/2022 of Gandhinagar Police Station for offences punishable under Sections 452, 323, 504 506 read with Section 34 of the Indian Penal Code, 1860 (for short 'IPC'). Now, the petitioner and de facto complainant have resolved their disputes with the intervention of elders and well-wishers from both families.
3. In view of settlement, the petitioner and respondent No.2 have filed a compromise petition under Section 482 of Cr.P.C/528 of BNSS, 2023. The contents of compromise petition read as under:
1. That Respondent No.2 herein and Petitioner married on 21.11.1999 and after the marriage was consummated, two daughters have born from wed-lock. The Respondent No.2 lodged an complaint dated 02.11.2022 at Gandhinagar Police Station, Ballari and consequentially FIR in Crime No. 150/2022 dated 02.11.2023 against the Accused/Petitioner for the offences u/s 452, 323, 504 & 506 of IPC 1860.
2. The Respondent No. 1 filed the charge sheet in Crime No. 150/2022 and the Hon'ble Trial Court was pleased to take the cognizance vide order dated 19.04.2023 and registered a criminal case in CC No. 609/2023 against the Petitioner and issued process accordingly.-4-
NC: 2025:KHC-D:8336 CRL.P No. 103721 of 2023 HC-KAR
3. Hence, the Petitioner is being aggrieved the same, had preferred the present petition praying this Hon'ble Court to quash the impugned complaint dated 02.11.2023 and subsequent registration of impugned FIR in crime No. 150/2022 dated 02.11.2023 at Gandhinagar Police Station and subsequent order of cognizance dated 19.04.2023 by the Hon'ble Trial Court and further proceedings in CC No. 609/2023 for offence u/s 452, 323, 504 506 pending before Hon'ble Principal Civil Judge and JMFC Court, Ballari.
4. This Hon'ble Court vide order dated 20.12.2023 was pleased to stay the further proceedings in CC No. 609/2023 for offence u/s 452, 323, 504 & 506 pending before Hon'ble Principal Civil Judge and JMFC Court, Ballari.
5. Subsequent to the issuance of the notices, the Respondent No.2 has appeared though her counsel.
6. It is further submitted that the petitioner and Respondent No.2 had filed an application under section 13B of Hindu Marriage Act in MC No. 291/2024 on the file of Hon'ble Principal Family Court Ballari seeking dissolution of their marriage and the said matter is pending adjudication before the Hon'ble Family Court. The Copy of the Order sheet and Petition along with affidavits filed by the Petitioner and Respondent No.2 are herewith annexed with this petition for the kind perusal of this Hon'ble Court. The aforesaid documents may be treated as part and parcel of this compromise petition.
7. However, with intervention of elders and their advice the petitioner and Respondent No.2 has arrived at compromise and accordingly the following are the terms and conditions:
a) That the Respondent No.2 has voluntarily consented for the said compromise petition without being subjected to coercion or threat.-5-
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b) That the Respondent No.2 shall withdraw all the allegations made against the Petitioner herein.
c) That the Respondent no.2 has voluntarily consented/agreed for compounding of the offences punishable u/s 452, 323, 504 & 506 with the petitioner with the kind leave of this Hon'ble Court.
d) That petitioner and Respondent No.2 shall not institute any case against each other with respect to the same cause of the action.
e) That the petitioner and Respondent No.2 has agreed to settle the matter for one time settlement in terms of the their settled terms filed in affidavit in pending matter in MC No. 291/2024 before the Hon'ble Principal Family Court, Ballari. Further the Respondent No.2 undertakes not institute any maintenance or property cases against the Petitioner either by herself or on behalf of her daughters. The Petitioner shall also undertake to fulfill the terms of settlement as agreed thereof;
WHEREFORE, It is humbly prayed that this Hon'ble Court be pleased to permit to allow the said compromise petition and to quash the impugned complaint and subsequent registration of impugned FIR in crime No. 150/2022 dated 02.11.2023 at Gandhinagar Police Station and subsequent order of cognizance dated 19.04.2023 and proceedings in CC No. 609/2023 pending on the file of Hon'ble Principal Civil Judge and JMFC Court, Ballari for the alleged offences u/s 452, 323, 504, 506 of IPC 1860."
4. In support of the compromise petition, both the petitioner as well as the de facto complainant filed their affidavits. The contents of affidavits reads as under;
-6-NC: 2025:KHC-D:8336 CRL.P No. 103721 of 2023 HC-KAR "AFFIDAVIT OF COMPLAINANT I, P C Balaji S/o Chandra Shetty P, Age: 53 years, Occ: Business R/o: Opp. Diwakar Dental Clinic, Dr. Raj Kumar Road, Opp. BDA Foot Ball Ground, Ballari. Dist: Ballari-583101, today at Dharwad do hereby solemnly affirm on oath and states as follows;
1. I am the petitioner in the above case, I am well conversant with the facts of the case, hence I swear to this affidavit.
2. I pray that this Hon'ble Court be pleased to permit to allow the compromise petition and permit me and Respondent No.2 to compound the offences punishable u/s 452, 323, 504 & 506 of IPC 1860.
3. I submit that the averments made in the accompanying application from paras 1 to 7 are true and correct to the best of my knowledge, information and belief."
"AFFIDAVIT OF DE FACTO COMPLAINANT I, Vinuta PS W/o PC Balaji, Age: 46 years, Occ:
Housewife, R/o: H No. 14, Jayadurga Apartment Parvathi nagar main, Ballari Dist: Ballari-583103, today at Dharwad do hereby solemnly affirm on oath and states as follows;
1. I am the Respondent No.2 in the above case, I am well conversant with the facts of the case, hence I swear to this affidavit.
2. I pray that this Hon'ble Court be pleased to permit to allow the compromise petition and permit me and Petitioner to compound the offences punishable u/s 452, 323, 504 & 506 of IPC 1860.
3. I submit that the averments made in the accompanying application from paras 1 to 7 are -7- NC: 2025:KHC-D:8336 CRL.P No. 103721 of 2023 HC-KAR true and correct to the best of my knowledge, information and belief."
5. Learned counsels for the petitioner, respondent No.2 and learned HCGP for respondent No.1- State submit that, in view of the compromise arrived at between the parties, the Court may accept the compromise petition and quash the proceedings.
6. Perused the material available on record.
7. The complainant having agreed to withdraw the allegations i.e., the complaint registered against the petitioner, since, she has compromised the dispute with the petitioner-accused, it will be a futile exercise, if the petitioner-accused is subjected to trial, since the probability of his conviction is remote and bleak in view of the settlement arrived at between the parties. Hence, the continuation of the criminal proceedings will be an abuse of process of law.
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8. In view of the settlement arrived at between the parties and in view of the ratio laid down by the Hon'ble Apex Court in the case of Narinder Singh & Ors Vs. State Of Punjab & Anr1, it is just and necessary to allow the compromise petition and parties are permitted to compound the offences punishable under Sections 452, 323, 504 and 506 of the IPC. Hence, this Court is of the opinion that the compromise arrived at between the parties is hereby accepted and criminal proceedings arising out of Crime No.150/2022 of Gandhinagar Police Station on the file of learned Prl. Civil Judge and JMFC, Ballari, is required to be quashed. Hence, this Court proceeds to pass the following:
ORDER i. The compromise petition filed under Section 482 of Cr.P.C./528 of BNSS, 2023, by both the parties is accepted.
ii. The criminal petition filed under Section 482 of Cr.P.C. is allowed.
1(2014) 6 SCC 466 -9- NC: 2025:KHC-D:8336 CRL.P No. 103721 of 2023 HC-KAR iii. The proceedings initiated against the petitioner in C.C.No.609/2023 on the file of learned Principal Civil Judge and JMFC., Ballari arising out of Gandhinagar Police Station Crime No.150/2022, for the offences punishable under Sections 452, 323, 504 and 506 of IPC, are quashed.
iv. In view of the disposal of the criminal petition, pending applications, if any, do not survive for consideration and the same stand disposed off.
Sd/-
(VENKATESH NAIK T) JUDGE AM/-
CT-AN List No.: 1 Sl No.: 49