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2025 DIGILAW 122 (KAR)

Basavaraj Shivasharanappa Avanti v. State through the Police Mudhol Police Station

2025-05-29

UMESH M.ADIGA

body2025
ORDER : 1. Both these petitions are filed by accused under Section 528 of BNSS , 2023 challenging registration of Crime No.119/2024 and Crime No.19/2025 by Mudhol Police Station so also charge sheet filed in Crime No.119/2024 against the petitioner by the said police on the complaint of respondent No.2 in both the cases. 2. Facts in brief in Crime No.119/2024 are as under: Respondent No.2 on 24.08.2024 lodged a complaint against the petitioner herein stating that she was married and her husband left her. Thereafter, she has been residing in Kolkunda of Sedam Taluk. Accused/petitioner known to her and he pretended to love her. Thereafter, both were live-in-relationship for about 20 years. The accused used to assure her that after her divorce from her husband, he would marry her and with that assurance, he had physical relationship with her. She became pregnant twice and accused purchased road side ayurvedic medicine and gave her the same for termination of pregnancy. He also took money from her from time to time amounting to Rs.8,00,000/- and not repaid the same. When she demanded for repayment of the said amount, he criminally intimidated her. She lodged a complaint before the Mudhol Police Station which was registered in Crime No.119/2024 for the offences punishable under Sections 69, 88 and 318 of BNS, 2023. The Investigating Officer (for short ‘I.O.’) later on filed final report for the same offences, it is registered as S.C.No.88/2025 and pending before V-Additional District and Sessions Court, Kalaburagi. 3. Facts in brief in Crime No.19/2025 are as under: Respondent No.2 filed another complaint before Mudhol Police Station on 09.02.2025 alleging that petitioner herein after lodging the complaint in Crime No.119/2024, continuously torturing her by making frequent phone calls and also threatening her. On 08.02.2025, accused made a call to her and told her to come along with him in his car. She refused to go. Therefore, he went to her house and attempted to rape her. She raised hue and cry, in the meanwhile, her brother and father came and rescued her. On the basis of the said complaint, Mudhol Police registered Crime No.19/2025 for the offences punishable under Sections 329(4), 64, 62, 352 and 351(2) of BNS, 2023, said FIR is pending on the file of Senior Civil Judge and JMFC, Sedam. 4. She raised hue and cry, in the meanwhile, her brother and father came and rescued her. On the basis of the said complaint, Mudhol Police registered Crime No.19/2025 for the offences punishable under Sections 329(4), 64, 62, 352 and 351(2) of BNS, 2023, said FIR is pending on the file of Senior Civil Judge and JMFC, Sedam. 4. These petitions are filed to quash both the FIRs as well as charge sheet filed in Crime No.119/2024. 5. During pendency of these petitions, petitioner as well as respondent No.2 filed applications in both the cases under Section 359(8) r/w Section 528 of BNSS , 2023 for compounding the offences. Both have filed affidavits in support of the said applications. Both have also filed joint memos in this regard stating that the matter is settled between the parties and respondent No.2 is not interested in further prosecuting the matter. 6. I have heard the arguments. On 27.05.2025, respondent No.2 was present along with petitioner. On enquiry, respondent No.2 has submitted that the matter was compromised by the intervention of elders and she does not want to proceed with the matter against the petitioner and submits that both the petitions be allowed by permitting them to compound the offences. The said submission appears to be voluntary and without any coercion. Petitioner as well as respondent No.2 were identified by their respective Advocates. 7. In Crime No.119/2024, out of the offences punishable under Sections 318, 69 and 88 of BNS, 2023, except Section 69 of BNS, 2023, other two offences are compoundable. Looking to the charge sheet, it appears there are no materials to show that she was pregnant and accused by giving ayurvedic tablets purchased from a road side vendor, administered it to respondent No.2 which resulted in her abortion. The concerned Doctors were examined as CWs.14 and 15 by the I.O., and both of them denied treating respondent No.2. It appears, there are no sufficient material to prima facie accept the contention of respondent No.2 that she was forcefully aborted by administering ayurvedic medicine by the petitioner. The allegations in the complaint do not show that forcefully medicine was administered for abortion. In view of the same, I am of the opinion that prima facie is not made out to believe that petitioner has committed offence under Section 69 of BNS, 2023. However, she herself has come forward to settle the matter. The allegations in the complaint do not show that forcefully medicine was administered for abortion. In view of the same, I am of the opinion that prima facie is not made out to believe that petitioner has committed offence under Section 69 of BNS, 2023. However, she herself has come forward to settle the matter. Therefore, there is no need for considering the same. 8. In Crime No.19/2025, FIR is registered for the offences punishable under Sections 64, 62, 352, 351(2) and 329(4) of BNS, 2023. It appears, so far, charge sheet is not filed. Hence, question of compounding may not arise. However, offences punishable under Sections 329, 352 and 351 of BNS, 2023 are compoundable offences and are not heinous crime. Offence punishable under Section 64 r/w Section 62 of BNS, 2023 is non-compoundable and it is an offence of attempt to commit rape. Allegation in the FIR indicates that her father as well as brother were at home, at the time of the incident. Both petitioner as well as respondent No.2 were live-in-relationship for a period of about 20 years as per her contention stated in the Crime No.119/2024 and for the sake of marrying accused, she divorced her husband during the year 2021. Considering these facts, it appears, there are no sufficient materials to believe that he had attempted to commit rape on her. 9. The joint memos filed by complainant and accused, it is signed by both the petitioner and respondent No.2 so also in the affidavit filed by respondent No.2 dated 27.05.2025, on oath she has stated as under: “3. I respectfully submit that, I and petitioner herein wherein mutual relationship with each other, that in the said relation due to financial transactions some strain in the relation developed which lead to filing of the complaint against the petitioner herein, that on filing the complaint I realized the mistake made by filing complaint against petitioner due to amicable settlement between the parties to this petition that in view of the same I does not want to prosecute the case against the petitioner any further and want to withdraw the allegations made in the complaint against the petitioner out of free will and consent. 4. 4. I submit that in view of the harmonious relationship developed by settling all the disputes which has lead to filing of the complaint, I being the complainant does not want to prosecute the case and any further proceedings against petitioner would lead to futile exercise and abuse of process of law and Court to both the parties and also wastage of valuable time of the court. Hence, permitting the parties to compound the offences will meet ends of justice. 5. I submit that the said compromise and settlement had occurred out of my free will and consent with the interference of elders and well wishers of both the families to make both complainant and petitioner to live in harmonious atmosphere in peaceful manner, that in view of the same the complainant does not want to prosecute the case against the petitioner any further, hence, the permission to compound the offence by allowing the accompanying application will meet ends of justice.” 10. Considering the said settlement, it is just and necessary to quash the FIR. Even if prosecution is permitted to file charge sheet, if the complainant herself does not support the case of the prosecution, it will be a futile exercise and no purpose would be served. In view of these reasons, it is just and necessary to permit both to compound the offences. 11. The learned counsel for the petitioner relied on the judgment of the Co-ordinate bench of this court in Criminal Petition No. 200885/2024 dated 22.07.2024 in the case of Sudarshan S/o Beeru Metre vs. State of Karnataka and others, wherein this court permitted to compound offences punishable under Sections 354(A), 323 and 376 of IPC relying on the judgment of the Hon’ble Apex Court in the case of Ramgopal and another vs. State of Madhya Pradesh, (2022) 14 SCC 531 . The principle of law laid down in the said judgment is also applicable to the facts of present case and there is no hurdle to permit the parties to settle the matter. As already stated above, respondent No.2 appeared and had stated that she had compromised the matter by the intervention of the elders. Considering these facts, I am of the view that petitions are to be allowed. 12. Accordingly, I pass the following: ORDER : Criminal Petition Nos.200891/2025 and 200882/2025 are allowed. As already stated above, respondent No.2 appeared and had stated that she had compromised the matter by the intervention of the elders. Considering these facts, I am of the view that petitions are to be allowed. 12. Accordingly, I pass the following: ORDER : Criminal Petition Nos.200891/2025 and 200882/2025 are allowed. Entire proceedings in Crime No.119/2024 of Mudhol Police Station, Kalaburagi District (S.C.No.88/2025 pending before the Court of V-Additional District and Sessions Judge, Kalaburagi) registered for the offences punishable under Sections 88, 69 and 318 of BNS, 2023 as well as Crime No.19/2025 of Mudhol Police Station, Kalaburagi District, registered for the offences punishable under Sections 64, 62, 329(4), 352 and 351(2) of BNS, 2023 pending before the court of Senior Civil Judge and JMFC, Sedam, are quashed.