GAJENDRA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Criminal Petition No.102392/2024 is filed by accused No.1 and Criminal Petition No.101788/2022 is filed by accused Nos .2, 3 and 4. Both the petitions are filed seeking quashing o f the proceedings in C.C. No.489/2022 arising out o f Ballari Women Police Station Crime No.16/2022 registered for the o ffences punishable under Ss. 498A, 504, 323, 506 and 34 of the Indian Penal Code (hereinafter re ferred to as 'the IPC', for short) and Ss. 3 and 4 o f the Dowry Prohibition Act, 1961 (hereinafter re ferred to as 'DP Act', for short).

(2.) Respondent No.2 has filed a complaint and a case came to be registered against accused Nos.1 to 4 in Crime No.16/2022 of Ballari Women Police Station. A fter investigation, charge-sheet came to be filed against accused Nos.1 to 4 for o ffences punishable under Ss. 498A , 504 , 323 and 506 read with Sec. 34 of IPC and Ss. 3 and 4 of DP Act. Based on the charge sheet, a case came to be registered against the petitioners in C.C. No.489/2022 pending on the file of the learned IV Additional Civil Judge (Junior Division) and JMFC, Ballari. The proceedings in the said criminal case are sought to be quashed in the present criminal petition.

(3.) An application is filed under Sec. 359 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereina fter referred to as 'the BNNS', for short) read with Sec. 528 of BNNS 2023. The said application is signed by accused No.1 and respondent No.2 and it is enclosed with a ffidavit o f accused No.1 and respondent No.2. Respondent No.2 in Criminal Petition No.101788/2022 has filed affidavit stating that she has no objection to quash the proceedings in CC No.489/2022, in view of the compromise between hersel f and her husband. Accused No.1 and respondent No.2 are present be fore the Court. Respondent No.2 submits that she has entered into compromise and there is no force or threat on her to enter into compromise.