Karnataka HC Quashes Notice To Six Men Sought To Be Added As Accused, Directs Magistrate To Decide Section 319 Plea on Merits

The petitioners, arrayed as accused Nos. 4–9 in C.C. No. 237/2020, sought relief under Section 482 Cr.P.C./Section 528 BNSS against the order dated 22 April 2024 issuing them notice on an application under Section 319 Cr.P.C.

The case involved alleged offences under Sections 498A and 323 read with Section 34 IPC, and Sections 3 and 4 of the Dowry Prohibition Act

The petitioners relied on *Yashodhan Singh v. State of Uttar Pradesh* in challenging the notice

The Court also noted a joint memo recording a compromise between accused No. 1 and the de facto complainant, under which the complainant agreed to withdraw the criminal case

Section 319 Cr.P.C. empowers a court to proceed against a person who appears, from the evidence, to have committed an offence for which that person could be tried with the accused already facing trial.

Relying on *Yashodhan Singh v. State of Uttar Pradesh*, 2023 INSC 652, the Court reproduced the principle that Section 319 does not require a person summoned under that provision to receive an opportunity of hearing before being added as an accused; the person may challenge the summoning order before a superior court and may participate in the trial, including by cross-examining witnesses and leading defence evidence

The petition was brought under Section 482 Cr.P.C./Section 528 BNSS

The Court referred to *Yashodhan Singh* and held that the notice issued to the petitioners on the Section 319 application should be quashed

It also considered the joint memo recording the compromise between accused No. 1 and the complainant, and stated that continuation of proceedings against the petitioners would amount to an abuse of process

However, the Court did not explain how the cited precedent—which states that a prior hearing is not required under Section 319—made the notice itself liable to be quashed.

Nor did it finally determine whether the petitioners should be added as accused: it left that question to the Magistrate to decide on the merits

The Magistrate was directed to dispose of that application on its merits in accordance with law

The Court therefore did not quash the entire proceedings or finally decide the Section 319 application.