ORAL ORDER
(PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)
1. Accused Nos.1 to 5 are before this Court under Section 482 of Cr.P.C. with a prayer to quash the entire proceedings in
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CC No.14575/2022 pending on the file of II Addl. Civil Judge (Jr. Dn) and JMFC, Kalaburagi, arising out of Crime No.13/2022 registered by Kalaburagi Women Police Station, Kalaburagi, for the offences punishable under Sections 498A, 494, 323, 504, 506 and 149 of IPC.
2. Learned counsel for the petitioners and learned counsel for respondent No.2 submit that the dispute between the parties has been amicably settled and the parties have filed a Joint Memo seeking permission of this Court to compound the offences and consequently, quash the entire proceedings as against the petitioners. They submit that the alleged offences are all compoundable in nature.
3. Learned High Court Government Pleader for respondent No.1 does not dispute the submission made by learned counsel for private parties.
4. Joint Memo filed by private parties to the petition is taken on record. The same is signed by the parties and also their respective counsel. Along with Joint Memo, a copy of the family Partition Deed based on which settlement has been arrived
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between the parties is also produced. In paragraph Nos.1, 2 and 3 of the Joint Memo, it is stated as follows:-
"1. That, the parties are compromised as per terms and conditions of Memorandum of Family Partition Deed wherein the shares of the parties were allotted to the parties respectively and both are agreed the same in presence of the witnesses of the deed and the photocopy of said memorandum of family partition deed is herewith enclosed.
2. That, it is pertinent to mention here that, in the said Family Partition Deed in Page No.8, Schedule-D item No.2 i.e. Plot No.166, measuring 40'X40' situated in Sy.No.85/4, 85/2/1, 85/2/4, 85/8 and 88/9 of Gurumitkal, Tq.Gurumitkal, Dist.Yadgir which is not executed Gift Deed and petitioner No.1 undertakes that, he will execute the same infavour of respondent No.2 within 04 months from today and other properties which are mentioned in the said Family Partition Deed already executed in respect of the parties.
3. That, as per the terms and conditions mentioned in Petition U/Sec.320(8) R/w Sec.482 of Cr.P.C/U/Sec.359(8) R/w Sec. 530 of B.N.S.S, 2023 the above said parties agreed to compound the present case, which was registered by respondent
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No.1 U/Sec.498(A), 494, 323, 504, 506 R/w Sec.149 of I.P.C against the petitioner No.1 and others and hence the Hon'ble court permit the said parties to compound the offences and be pleased to quash the criminal proceedings of Crime No.13/2022 of Women P. S. Kalaburagi (Case pending in CC No.14575/2022, on the file of II Addl. Civil Judge and JMFC, Kalaburagi)."
5. The dispute in the present case is between members of the family and a perusal of the material on record would go to show that the dispute has been amicably settled and the parties have filed a Joint Memo before this Court seeking permission of this Court to compound the alleged offences. Considering the relationship between the parties and also the nature of allegations found in the first information and having regard to the settlement arrived at between the parties, I am of the opinion that the prayer made by the parties for permitting them to compound the charge sheeted offences needs to be granted and consequently, criminal proceedings is liable to be quashed. Accordingly, the following order:-
6. The petition is allowed. The entire proceedings in CC No.14575/2022 pending on the file of II Addl. Civil Judge
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(Jr. Dn) and JMFC, Kalaburagi, arising out of Crime No.13/2022 registered by Kalaburagi Women Police Station, Kalaburagi, for the offences punishable under Sections 498A, 494, 323, 504, 506 and 149 of IPC as against the petitioners herein, is hereby quashed.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
DN
List No.: 1 Sl No.: 63