ORDER : (VENKATESH NAIK T., J.) Heard Shri Sabeel Ahmed, learned counsel for the petitioners-accused Nos.1 to 5, Shri M.A.Pathan., learned counsel for respondent No.2-the de facto complainant and Smt. Kirtilata Patil, learned High Court Government Pleader for respondent No.1-State. 2. The petitioner-accused No.1 has filed Criminal Petition No.102617/2025 and the petitioners-accused Nos.2 to 5 have filed Criminal Petition No.101935/2025 under Section 482 of the Code of Criminal Procedure [528 of BNSS, 2023], praying to quash the entire proceedings in Crime No.49/2025 of Ballari Women Police Station, pending on the file of IV Additional Civil Judge (Jr.Dn) and JMFC Court, Ballari, registered for the offences punishable under Sections 85, 115(2), 352, 351(2) read with Section 3 (5) of Bharatiya Nyaya Sanhita, 2023. 3. Brief facts of the prosecution case are that; On 15.04.2025, the de facto complainant-respondent No.2 lodged complaint against accused Nos.1 to 5 alleging that on 23.10.2022 her marriage was performed with accused No.1 as per their customs and traditions. After the marriage, accused No.1 had a cordial relationship with the de facto complainant for a period of 4 months only. Thereafter, all the accused persons started harassing the complainant on account of demand of dowry. It is also alleged that accused Nos.4 and 5 physically and mentally harassed her. Hence, the first informant lodged the complaint against the accused persons, which led to registration of the FIR and initiation of investigation. Taking exception to the same, the petitioners have filed these petitions to quash the proceedings. 4. It is not in dispute that accused No.1 and the de facto complainant are husband and wife, and their marriage was solemnized on 23.10.2022. After the marriage, respondent No.2 was residing with accused No.1 and initially they led a happy marital life, during which a female child was born. Subsequently, disputes arose between them, leading to the filing of the complaint by respondent No.2, which resulted in the registration of the FIR. Now, the petitioners-accused Nos.1 to 5 and the de facto complainant have resolved their disputes with the intervention of elders and well-wishers from both families. 5. In view of settlement, the petitioners-accused Nos.1 to 5 and respondent No.2 have filed a joint application under Section 359 (2) and (8) read with Section 528 of BNSS, 2023. The contents of joint application read as under: “1. 5. In view of settlement, the petitioners-accused Nos.1 to 5 and respondent No.2 have filed a joint application under Section 359 (2) and (8) read with Section 528 of BNSS, 2023. The contents of joint application read as under: “1. The Petitioners/Accused No. 1 to 5 and the Respondent No. 2 Jointly Submits as Under; 2. The Petitioners/Accused No. 1 to 5 and the Respondent No.2 have resolved this Lis between them. 3. The Petitioners in Criminal petition 102617/2025 of Mr. Dr. Khaja Hussain and respondent No. 2 Mrs. Saffa Anjum have agreed and resolve to dissolve their marriage solemnized on 23-10-2022 at Sky Function Hall at Molakalmur Taluk, Chitradurga District and also obtained by virtue of Khula Nama-mutual consent and have also signed at Ballari before Sir Chief Khazi, Ballari in presence of Khazi Molkalmuru, Mubarak Masjid, Mubarak Mohalla Molakalmuru due to indifference between them. 4. The Petitioner in Criminal petition 102617/2025 of Mr. Dr. Khaja Hussain has agreed and consented to pay a sum of Rs. 5,00,000/- (Rupees Five Lakhs Only) to respondent No. 2 Mrs. Saffa Anjum as permanent alimony in full and final settlement on this day before this Hon'ble Court. 5. The 2 nd respondent has agreed and consented to withdraw the case filed seeking maintenance invoking section 144 of BNSS 2023 in Crl.M.C No. 194/2025 which is pending adjudication before the Hon'ble Principal Judge Family Court at Ballari with next date of hearing 24-07-2025. 6. The respondent No. 2 Mrs. Saffa Anjum has freely and voluntarily agreed, consented that after receipt of Rs. 5,00,000/- (Rupees Five Lakhs Only) as one time settlement/permanent alimony the respondent No. 2 Mrs. Saffa Anjum will not to raise and do hereby surrender all her rights to claim maintenance or monetary compensation invoking the provisions of Cr.P.C/BNSS, PWDV Act 2005, or Muslim Women (Protection of Rights on Divorce) Act 1986 and Dissolution of Muslim Marriage 7. The respondent No. 2 Mrs. Saffa Anjum has further consented not to initiate any penal proceedings either in IPC/BNS against the Petitioner/Accused No. 1 to 5 after quashing of this case. 8. All the movables and other articles of the Petitioner/Accused No. 1 to 5 and respondent No. 2 Mrs. Saffa Anjum have been returned on this day and both parties shall not raise or lay any claim in future. 9. In View of the above said Agreement. 8. All the movables and other articles of the Petitioner/Accused No. 1 to 5 and respondent No. 2 Mrs. Saffa Anjum have been returned on this day and both parties shall not raise or lay any claim in future. 9. In View of the above said Agreement. It is prayed that this Hon'ble Court pleased to permit Petitioner i.e., petitioners/Accused No. 1 to 5 and respondent No. 2 Mrs. Saffa Anjum I.e., De-Facto Complainant to compound this case. 10. The Petitioner Further submits that there is no force, threat or any coercion in entering into this compromise and out of Free will the present joint petition has been are submitting this application. We have filed the Affidavit along with this application and the affidavit may be treated as part and parcel of this application. 11. Hence, it is prayed that this Hon'ble Court may be pleased to accept this joint application filed by accused No. 1 to 5/Petitioner in and permit us to compound the offences charges in the Crime No. 49/2025. Pending adjudication before 4 th Addl. Civil Judge & JMFC at Ballari arising out of Crime No. 49/2025 registered with Women Police Station Ballari for the offences Punishable U/s 85, 115(2)-352, 351(2), & 3(5) Of BNS 2023, which would meets the ends of justice and equity.” 6. In support of the joint application, accused No.1 and respondent No.2-the de facto complainant have filed their affidavits. The contents of the affidavits read as under; AFFIDAVIT OF ACCUSED NO.1 “I, Khaja Hussain.K S/o Abdul Waheed. K. Aged about 31 years, Occ: Profession. Resident of Ward No.6, Near Haji Masjid, Siruguppa Talika, Ballari District, do hereby on Oath State as under: 1. That, We the Petitioner No. 1/Accused No. 1 in the above petitions, I am acquainted with the facts of the case and hence I am competent to swear to this Affidavit on my behalf and on behalf of other Petitioners who has authorized me. 2. I state that at the intervention of the elders and well-wishers and family members, I and Respondent No. 2 have resolved our dispute amicably and reached to a settlement, out of court which is culminated in this Affidavit. 3. 2. I state that at the intervention of the elders and well-wishers and family members, I and Respondent No. 2 have resolved our dispute amicably and reached to a settlement, out of court which is culminated in this Affidavit. 3. That I and Respondent No. 2 have agreed to dissolve our marriage 8 by mutual consent/Khula Nama in view of the averments mentioned in the accompanying application, therefore, the petitioners/accused No. 1 to 5 and Respondent No. 2 have no objection to quash the Criminal Case in the Crime No. 49/2025. Pending adjudication before 4th Add. Civil Judge & JMFC at Balllari registered with Women Police Station Ballari for the offences Punishable U/s 85, 115(2)-352, 351(2), & 3(5) Of BNS 2023. 4. The I have entered into compromise and swear this Affidavit on our own volition without any influence or coercion and after understanding the contents of the Joint Affidavit. 5. Wherefore, we the petitioners/accused No. 1 to 5 and the respondent no. 2 herein respectfully prays that this Hon'ble Court may be pleased to accept this application and permit us to compound the offences charges in Crime No. 49/2025, Pending adjudication before 4th Add. Civil Judge & JMFC at Ballari registered with Women Police Station Ballari for the offences Punishable U/s 85, 115(2)-352, 351(2), & 3(5) Of BNS 2023 which its meets the ends of justice and equity.” AFFIDAVIT OF DE FACTO COMPLAINANT “I, Smt. Saffa Anjum.A, Wife of Khaja Hussain K, Aged 23. years, Occ: Housewife, Resident of Vadde Nagappa-Layout, Behind Jayaram School Cantonment, Ballari-583104 Karnataka, today at Dharwad do hereby, on Oath state as under: 1. That, I am the Respondent No.2/complainant in the above petitions, I am acquainted with the facts of the case and hence I am competent to swear to this Affidavit. 2. I state that at the intervention of the elders and well-wishers and family members, Petitioners in Criminal petition 102617/2025 Dr. Khaja Hussain K and I have resolved their dispute amicably and reached to a settlement, out of court which is culminated in this Joint Affidavit. 3. That Petitioners in Criminal petition 102617/2025 Dr. 2. I state that at the intervention of the elders and well-wishers and family members, Petitioners in Criminal petition 102617/2025 Dr. Khaja Hussain K and I have resolved their dispute amicably and reached to a settlement, out of court which is culminated in this Joint Affidavit. 3. That Petitioners in Criminal petition 102617/2025 Dr. Khaja Hussain K and I have agreed to dissolve our marriage by mutual consent in view of the averments mentioned in the accompanying application, therefore, the Petitioners/Accused No. 1 to 5 and I have no objection to quash the Criminal Case in the Crime No.49/2025, Pending adjudication before 4 th Add. Civil Judge & JMFC at Ballari arising out of Crime No. 049/2025 registered with Women Police Station Ballari for the offences Punishable U/s 85, 115(2)-352, 351(2), & 3(5) Of BNS 2023. 4. That I have entered into this compromise and swear this Affidavit on my own volition without any influence or coercion and after understanding the contents of the Affidavit. 5. Wherefore, we then I, the respondent no. 2 herein respectfully pray that this Hon'ble Court may be pleased to accept this application and permit us to compound the offences charges in the Crime No. 49/2025, Pending adjudication before 4th Add. Civil Judge & JMFC at Ballari registered with Women Police Station Ballari for the offences Punishable U/s 85, 115(2)-352, 351(2), & 3(5) Of BNS 2023. which its meets the ends of justice and equity.” 7. Learned counsels for petitioners-accused Nos.1 to 5, respondent No.2-the de facto complainant 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. 8. Perused the material available on record. 9. The complainant having agreed to withdraw the allegations i.e., the complaint registered against the petitioners-accused Nos.1 to 5, since she has compromised the dispute with the petitioners-accused persons, it will be a futile exercise, if the petitioners- accused Nos.1 to 5 are subjected to trial, since the probability of their 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. Hence, the continuation of the criminal proceedings will be an abuse of process of law. Hence, this Court proceeds to pass the following: ORDER i. The joint application filed under Section 359 (2) and (8) read with Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, by both the parties is accepted. ii. Both the criminal petitions filed under Section 482 of Cr.P.C., read with Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, is disposed of. iii. The proceedings initiated against the petitioners-accused Nos.1 to 5 in Crime No.49/2025 of Ballari Women Police Station, pending on the file of IV Additional Civil Judge (Jr.Dn) and JMFC Court, Ballari, registered for the offences punishable under Sections 85, 115(2), 352, 351(2) read with Section 3 (5) of Bharatiya Nyaya Sanhita, 2023, is 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 of.