Smt. Shamshad Begum W/O M Honnurvali Vs the State of Karnataka

MOHAMMED IQBAL S/O. M. HONNURVALI MUZAWAR, AGE: 31 YEARS, OCC: ENGINEER, R/O.6TH CROSS, CHELUVAIAH GARDON, RAMAMURTHY NAGAR, BENGALURU, DISTRICT BENGALURU-560 001.

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…PETITIONER

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(BY SRI PRAVEEN HUCHARADDI, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, THROUGH STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD, THROUGH BALLARI WOMEN POLICE STATION, BALLARI, DISTRICT: BALLARI-580011.

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SMT. P. A. AYESHA, W/O. MOHAMMED IQBAL, AGE: 25 YEARS, OCC: PRIVATE JOB, R/O.6TH CROSS, CHELUVAYYA GARDEN,

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HC-KAR

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RAMAMURTHY NAGAR, BENGALURU,

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NOW AT R/O. WARD NO.29, PLOT NO.190, CMC COLONY, BELAGAL ROAD, COWL BAZAR, BALLARI, DISTRICT: BALLARI-583101.

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…RESPONDENTS

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(BY SMT. KIRTILATA R. PATIL, HCGP FOR R1;

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SHRI SHIVA SHIRUR, ADV. FOR R2)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CR.P.C. (U/S.528 OF BNSS, 2023) SEEKING TO QUASH THE ENTIRE PROCEEDINGS IN C.C. NO.466/2025 PENDING BEFORE IV ADDITIONAL CIVIL JUDGE (JR.DN.) AND J.M.F.C., BALLARI, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 85, 115(2), 352, 351(2), 49, AND 3(5) OF THE BNS, 2023, INSOFAR AS THE PETITIONER/ACCUSED NO.1 IS CONCERNED IN THE INTEREST OF JUSTICE AND ETC.

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IN CRL.P. NO.100780/2025:

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BETWEEN:

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SMT. SHAMSHAD BEGUM W/O. M. HONNURVALI, AGE: 58 YEARS, OCC: HOUSE WIFE, R/O.300/5B, CMC COLONY, COWL BAZAR, BALLARI, DISTRICT: BALLARI.

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M. HONNURVALI, S/O. ABDUL KAREEM MUZAWAR, AGE: 60 YEARS, OCC: PENSIONER, R/O.300/5B, CMC COLONY

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HC-KAR

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COWL BAZAR, BALLARI, DISTRICT: BALLARI.

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…PETITIONERS

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(BY SRI SRINIVAS B. NAIK, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, THROUGH BALLARI WOMEN POLICE STATION, BALLARI, DISTRICT: BALLARI.

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SMT. P. A. AYESHA, W/O. MOHAMMED IQBAL, AGE: 25 YEARS, OCC: PRIVATE JOB, R/O. WARD NO.29, PLOT NO.190, CMC COLONY, BELAGAL ROAD, COWL BAZAR, BALLARI, DISTRICT: BALLARI 583 101.

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…RESPONDENTS

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(BY SMT. KIRTILATA PATIL, HCGP FOR R1; SRI SHIVA SHIRUR, ADV. FOR R2)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CR.P.C. (U/S.528 OF BNSS, 2023) SEEKING TO QUASH THE F.I.R. DATED 22.10.2024 PERTAINING TO BALLARI WOMEN POLICE STATION CRIME NO.149/2024 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 85, 115(2), 352, 351(2), 49, AND 3(5) OF THE BNS, 2023, IN RESPECT OF THE PETITIONERS/ACCUSED NOS.2 AND 3 AND ETC.

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THESE CRIMINAL PETITIONS ARE COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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HC-KAR

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T)

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Criminal Petition No.102713 of 2025 is filed by

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accused No.1 praying to quash the entire proceedings in Criminal Case No.466 of 2025 pending on the file of IV Additional Civil Judge (Jr. Dn.) and Judicial Magistrate First Class, Ballari, for the offences punishable under Sections 85, 115(2), 352, 351(2), 49 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

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Criminal Petition No.100780 of 2025 is filed by accused Nos.2 and 3 praying to quash First Information Report dated 22-10-2024 of Ballari Women Police Station in Crime No.149 of 2025 for the offences punishable under Sections 85, 115(2), 352, 351(2), 49 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

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Sri Praveen Hucharaddi, learned counsel for the petitioner in Criminal Petition No.102713 of 2025, Sri Srinivas B. Naik, learned counsel for the petitioners in Criminal Petition No.100780 of 2025, Smt. Kirtilata Patil,

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HC-KAR

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learned High Court Government Pleader for respondent

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No.1-State, Sri Shiva Shirur, learned counsel for respondent No.2-complainant, and accused Nos.1 to 3 are physically present.

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The sum and substance of the complaint is that respondent No.2-complainant filed a complaint against accused Nos.1 to 3 alleging that her marriage was solemnised with accused No.1 and accused Nos.2 and 3 are her in-laws. Out of the wedlock, she has a daughter. After marriage, her relationship with accused Nos.1 to 3 was cordial but after some time, accused Nos.1 to 3 started harassing her to bring dowry.

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Now, upon the intervention of elders, friends and well-wishers, the parties to the present petitions have amicably settled the disputes. In this regard, they have filed memorandum of compromise petitions under Section 359 read with Section 528 of the Bharatiya Nagarik

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HC-KAR

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Suraksha Sanhita, 2023, along with the Affidavits, which

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reads as under:

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"MEMORANDUM OF COMPROMISE PETITION UNDER SECTION 359 OF BNSS R/W SECTION 528 OF BNSS 2023 (IN CRIMINAL PETITION NO.102713 OF 2025)

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The Petitioner most respectfully submit as under

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1. The petitioner has filed the above petition challenging the lodging of the complaint, registration of FIR, filing of the chargesheet and of taking cognizance against them in C C 466/2025 (pertaining to Ballari Women Police Station Crime No 149/2024) by the Learned IV Addl Civil Judge (Jr.Dn) and JMFC Ballari for the offences punishable under sections 85, 115(2), 352, 351(2), 49, and 3(5) of BNS 2023.

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2. It is submitted that, at the intervention of the elders, well-wishers and friends, the parties to the present petition have amicably settled the matter between them, on the following terms:

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A. The Complainant has agreed not to proceed with the C C No 466/2025 (pertaining to Ballari Women Police Station Crime No 149/2024) pending before IV Addl Civil Judge (Jr.Dn) and JMFC Ballari for the offences punishable under sections 85,

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HC-KAR

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115(2), 352, 351(2), 49, and 3(5) of BNS 2023.

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B. The Complainant/Respondent No 2 withdraws all the allegations against the Petitioner and submits that, she has no claims of whatsoever nature against the Petitioners.

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3. The Petitioner & Respondent No.2 have signed this Compromise without undue influence, threat of anybody & with free will and wish with an intention to resolve the dispute once for all.

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4. It is submitted that the complainant has also filed suit against the petitioner/accused No 1 for restitution of conjugal rights Before the Family Court Ballari. The petitioner/accused No 1 and complainant by entering the compromise have agreed to continue their marital life by leaving together as husband and wife.

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5. The contents of this Petition are read over and explained to us in our vernacular language and the same are true and correct and are based on our instructions. The terms of Compromise are binding on us.

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Wherefore, in view of settlement arrived between the Petitioners & Respondent No. 2, this Hon'ble Court may kindly be pleased to allow the present compromise petition and quash entire proceedings in CC No

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HC-KAR

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466/2025 (pertaining to Ballari Women Police Station Crime No 149/2024) pending before IV Addl Civil Judge (Jr.Dn) and JMFC Ballari for the offences punishable under sections 85, 115(2), 352, 351(2), 49, and 3(5) of BNS 2023, in the interest of justice and equity."

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"AFFIDAVIT

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I, Mohammed Iqbal S/o M Honnurvali Muzawar, Age: 31 years, Occ: Engineer R/o: 6th Cross, Cheluvaiah, Gardon, Ramamurthy Nagar Bangalore, today at Dharwad do hereby solemnly affirm and state on oath as follows:-

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1. I am the petitioner in the above petition and I know the facts and circumstances of the case hence I am competent to swear this Affidavit. Hence I am swearing this Affidavit.

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2. The contents of the Compromise petition are explained in my vernacular language and I have understood the same and they are true and correct to the best of my knowledge and also contents of the accompanying Affidavit, are true and correct to the best of my knowledge."

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"AFFIDAVIT

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I, Smt PA Ayesha W/o Mohammed Iqbal Age: 25 Years, Occ:

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HC-KAR

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Private job R/o ward No 29, Plot no 190 CMC Colony, Belagal Road Cowl Bazar, Ballari District: Ballari today at Dharwad do hereby solemnly affirm and state on oath as follows:-

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1. I am the Respondent no.2 in the above petition and I know the facts and circumstances of the case hence I am competent to swear this Affidavit. Hence I am swearing this Affidavit.

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2. The contents of the Compromise petition are explained in vernacular language and I have understood the same and they are true and correct to the best of my knowledge and also contents of the accompanying Affidavit, are true and correct to the best of my knowledge."

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"MEMORANDUM OF COMPROMISE PETITION UNDER SECTION 359 OF BNSS R/W SECTION 528 OF BNSS 2023 (IN CRIMINAL PETITION NO.100780 OF 2025)

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The Petitioners most respectfully submit as under:

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1. The petitioners have filed the above petition challenging the lodging of the complaint, registration of FIR, filing of the chargesheet and of taking cognizance against them in C C 466/2025 (pertaining to Ballari Women Police Station Crime No 149/2024) by the Learned IV Addl Civil Judge (Jr.Dn) and JMFC Ballari for the offences punishable under sections 85, 115(2), 352, 351(2), 49, and 3(5) of BNS 2023.

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HC-KAR

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2. It is submitted that, at the intervention of the elders, well-wishers and friends, the parties to the present petition have amicably settled the matter between them, on the following terms:

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A. The Complainant has agreed not to proceed with the C C No 466/2025 (pertaining to Ballari Women Police Station Crime No 149/2024) pending before IV Addl Civil Judge (Jr.Dn) and JMFC Ballari for the offences punishable under sections 85, 115(2), 352, 351(2), 49, and 3(5) of BNS 2023.

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B. The Complainant/Respondent No 2 withdraws all the allegations against the Petitioners and submits that, she has no claims of whatsoever nature against the Petitioners.

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3. The Petitioners & Respondent No.2 have signed this Compromise without undue influence, threat of anybody & with free will and wish with an intention to resolve the dispute once for all.

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4. It is submitted that the complainant has also filed suit against the accused No 1 for restitution of conjugal rights Before the Family Court Ballari. The accused No 1 and complainant by entering the compromise have agreed to continue their marital life by leaving together as husband and wife.

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HC-KAR

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5. The contents of this Petition are read over and explained to us in our vernacular language and the same are true and correct and are based on our instructions. The terms of Compromise are binding on us.

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Wherefore, in view of settlement arrived between the Petitioners & Respondent No. 2, this Hon'ble Court may kindly be pleased to allow the present compromise petition and quash entire proceedings in CC No 466/2025 (pertaining to Ballari Women Police Station Crime No 149/2024) pending before IV Addl Civil Judge (Jr.Dn) and JMFC Ballari for the offences punishable under sections 85, 115(2), 352, 351(2), 49, and 3(5) of BNS 2023, in the interest of justice and equity."

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"AFFIDAVIT

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I, Smt. Shamshad Begum W/o M Honnurvali, Age: 58 years, Occ: Household Work R/o: 300/5B, CMC Colony, Cowl Bazar, Ballari, Dist: Ballari, today at Dharwad do hereby solemnly affirm and state on oath as follows:-

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1. I am the petitioner no.1 in the above petition and I know the facts and circumstances of the case hence I am competent to swear this Affidavit. Hence I am swearing this Affidavit.

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2. The contents of the Compromise petition are explained in my vernacular language

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HC-KAR

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and I have understood the same and they are true and correct to the best of my knowledge and also contents of the accompanying Affidavit, are true and correct to the best of my knowledge."

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"AFFIDAVIT

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I, M Honnurvali s/o Abdul Kareem Muzawar, Age: 60 years, Occ: Pensioner, R/o 300/5B, CMC Colony, Cowl Bazar, Ballari, Dist: Ballari today at Dharwad do hereby solemnly affirm and state on oath as follows:-

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1. I am the petitioner No.2 in the above petition and I know the facts and circumstances of the case hence I am competent to swear this Affidavit. Hence I am swearing this Affidavit.

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2. The contents of the Compromise petition are explained in vernacular language and I have understood the same and they are true and correct to the best of my knowledge and also contents of the accompanying Affidavit, are true and correct to the best of my knowledge."

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Learned High Court Government Pleader for

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respondent No.1-State submits that in view of the compromise arrived between the parties, the Court may

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HC-KAR

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accept the compromise petitions and quash the

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proceedings.

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Perused the material available on

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Smt. P.A. Ayesha, complainant/respondent No.2, is physically present and submits that since the matter is amicably settled between herself and accused Nos.1 to 3, she agrees to withdraw all cases registered against accused Nos.1 to 3.

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Since the complainant/respondent No.2 has

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compromised the dispute with accused Nos.1 to 3, it will be a futile exercise if the petitioners/accused Nos.1 to 3 are subjected to trial, since the probability of their conviction is remote and bleak. In view of the settlement arrived at between the parties, the continuation of the criminal proceedings will be abuse of process of law.

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The compromise petitions are taken on record.

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Accordingly, I proceed to pass the following

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HC-KAR

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O R D E R

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i. Criminal Petition No.102713 of 2025 filed by the petitioner/accused No.1 stands allowed and as a sequel, the entire proceedings in Criminal Case No.466 of 2025 pending on the file of IV Additional Civil Judge (Jr. Dn.) and Judicial Magistrate First Class, Ballari, for the offences punishable under Sections 85, 115(2), 352, 351(2), 49 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, against the petitioner/accused No.1 are quashed, and

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ii. Criminal Petition No.100780 of 2025 filed by the petitioners/accused Nos.2 and 3 stands allowed and as a sequel, First Information Report dated 22-10-2024 of Ballari Women Police Station in Crime No.149 of 2025 for the offences punishable under Sections 85, 115(2), 352, 351(2), 49 and 3(5) of the Bharatiya Nyaya

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