(Prayer: This Criminal Petition is filed under Section 528 of BNSS Act-2023 (482 of CrPC Act), praying to, quash the entire proceeding in complaint and fir and charge sheet registered in Cc No.9527/2024 against the petitioners by the Kalaburagi City Women Ps pending before the Honorable Court of I Addl. CJ (JD) and J.M.F.C, Kalaburagi arising out of Crime No. 150/2023 of Women Ps Kalaburagi for the offences punishable under Sections 498(A), 323, 324, 504, 506, 109 and 34 of IPC in the interest of justice and equity.)

Oral Order

1. Accused Nos.1 and 2 are before this Court in this Criminal Petition filed under Section 528 of Bharatiya Nagarik Sukraksha Sanhita, 2023 (for short 'BNSS, 2023') with a prayer to quash the entire proceedings in C.C.No.9527/2024 pending before the I Additional JMFC Court, Kalaburagi, arising out of Crime No.150/2023 registered by Kalaburagi City Women Police Station, Kalaburagi, for the offences punishable under Sections 498A, 323, 324, 504, 506, 109 read with Section 34 of IPC.

2. Heard the learned counsels for the parties.

3. Learned counsel for the petitioners and the learned counsel for the respondent No.2 submits that, the dispute between the parties who are close relatives has been settled. Accused No.1 is the husband of respondent No.2. They have now decided to reside separately and get their marriage dissolved in accordance with law. They submit that, the parties have filed application under Section 320 of Cr.P.C., along with a Joint Affidavit of petitioner No.1 and the respondent No.2. Accordingly, they prays to allow the petition.

4. Learned High Court Government Pleader submits that, the charge-sheet has been already filed in the present case.

5. Perusal of the material on record would go to show that, the respondent No.2 is the wife of the petitioner No.1. Petitioner No.2 is the mother of the petitioner No.1. Petitioners herein are arrayed as accused Nos.1 and 2 in the charge-sheet filed for the aforesaid offences. The proceedings as against accused Nos.3 and 4 has been quashed by this Court in Criminal Petition No.200976/2024 disposed of on 14.02.2025.

6. The dispute between the parties has been now settled amicably at the intervention of the elders and well- wishers of both the families. The parties who are present before the Court are identified by their respective learned counsels. It is submitted that, the settlement arrived between the parties is voluntary without there being any undue influence and coercion. The application filed under Section 320 of Cr.P.C. is supported by a Joint Affidavit of petitioner No.1 and respondent No.2. The same is taken on record.

7. In paragraph Nos.3 to 12 of the Joint Affidavit of the petitioner No.1 and respondent No.2, it is stated as follows:

          "3. That the petitioner and Respondent No.2 herein on the advice of well wishers have entered in to amicable settlement and agreed for separation on certain terms.

          Since the above matter is of matrimonial in nature. In view of the same, the above criminal petition may be quashed to meet the ends of justice.

          4. Petitioner agreed to withdraw the case No.203101/2024, pending before this Hon'ble Court & protest petition in Crime No.05/2024 pending on the file of III Addl. JMFC (Jr. Div) Kalaburagi.

          5. The Respondent No.2 will withdraw the cases filed against the Petitioner in Crl. Misc. No.1952/2023, pending on the file of Prl. Civil Judge & JMFC Kalaburagi, Crl. Misc. No.465/2023 pending on the file of Prl. Judge Family Court at Kalaburagi.

          6. It is mutually agreed that both the parties will not file any case in future against each other of against the family members and will not interfere in the personal life of each other.

          7. Both the Parties have mutually agreed that their children i.e Mohammed Zaid Chulbul, son aged about 11 years & Salah Musliha, daughter aged about 9 years who are under the care and custody of the Petitioner, will remain with the Petitioner (who is the natural father) and he undertakes to take care of the children and bear all their food, shelter, education, medical and all other expenses. That the future custody of the Children will be amicably decided by both the parties according to the well being of children. However the Respondent No.2 is entitled to meet the children whenever she wants.

          8. The Respondent No.2 and Petitioner, for the well being of children and to lead peaceful life have mutually agreed to part their ways by taking divorce as per mohammedan law or any other law time being in force.

          9. That the Petitioner has already deposited amount of Rs. 50,000/- in WP No.203101/2024 vide DD No.044786 dated 7-12-2024 before this Hon'ble Court. The Respondent No.2 will be entitled to withdraw the same and forgo the remaining maintenance amount. It is further agreed that the Respondent will not claim the maintenance or she will not be entitled to claim enhanced amount of maintenance in future.

          10. It is further agreed that the Petitioner has purchased one Plot No. 6 measuring 2400/- Sq.feet situated at Land bearing Sy No.40 of village Badepur known as Syed Akbar Hussaini Colony Tq & Dist Kalaburagi. It is further mutually agreed that the Petitioner will gift the above said Plot in the name of his Chidren. That either the petitioner or the Respondent has any right title or interest over the said property. That the Petitioner undertakes that he will not sale the above said plot nor it is the Respondent No.2 will claim the share in that plot That the children are having title over the above said plot can do whatever they want and use it for their use attaining majority.

          11. That the Petitioner & Respondent No.2 herewith agreed that they will return all the belongings of the other party including any documents keys or other belongings possessed by them.

          12. That the this Hon'ble Court may kindly be pleased permit the Petitioner and respondent to compound the offences punishable 498(a) 323,324, 504, 506, 109 and 34 of IPC in C.C No.9527/2024 Crime No.150/2023 of Kalaburagi City Women PS Pending on the file of 1 Addl. CJ (JD) and J.M.F.C, Kalaburagi in the interest of justice and equity."

8. Considering the aforesaid aspects of the matter, I am of the opinion that, the prayer made in the application needs to be granted and consequently, the entire proceedings as against petitioners herein needs to be quashed.

9. Accordingly, the following:

ORDER

          (i) The application filed under Section 320 of Cr.P.C., is allowed; and the parties are permitted to compound the offences for which the petitioner Nos.1 and 2 have been charge-sheeted in the present case;

          (ii) Consequently, the criminal petition is allowed and the entire proceedings in C.C.No.9527/2024 pending before the I Additional Civil Judge (Jr. Dn.), and JMFC Court, Kalaburagi, arising out of Crime No.150/2023 registered by Kalaburagi City Women Police Station, Kalaburagi, for the offences punishable under Sections 498A, 323, 324, 504, 506, 109 read with Section 34 of IPC, is quashed.