The central legal point established in the judgment is the court's discretion to exercise inherent powers under Section 482 Cr.P.C. to permit the compounding of non-compoundable offences in family disputes, emphasizing the importance of amicable settlements and the well-being of the parties involved.

JUDGMENT

S. Vishwajith Shetty, J. - The petitioner who is the sole accused in C.C. No. 9271/2022 arising out of Crime No. 6/2022 registered by Jalahalli Police station for the offences punishable under Sections 498A, 323 and 307 of IPC, which is pending on the file of XXXIX A.C.M.M., Bengaluru, has filed this petition under Section 482 Cr.P.C. with a prayer to quash the entire proceedings in the said case.

2. Learned counsel for the petitioner as well as learned counsel for respondent Nos. 2 and 3 at the out-set submit that the dispute is between the family members and at the intervention of the well-wishers and the elders of the family, the dispute has been amicably settled and an application under Section 320(2) r/w Section 482 Cr.P.C. has been filed seeking permission of this Court to compound the alleged offences against the petitioner.

3. In the affidavit filed in support of the application, respondent No. 3, who is the mother of respondent No. 2 and wife of petitioner, has stated as follows:

"2. I state that, my minor daughter Kumari. Varshitha. R. aged about 16 years, was lodged the complaint on 23-01-2022 before the Jalahalli Police, the respondent No. 1 police have registered the case in Crime No. 06/2022 for offences punishable under Sections 498-A, 323, 307 of IPC, after the investigation the charge sheet has filed, the Learned Magistrate have took the cognizance and registered the Criminal Case in C.C. No. 9271/2022 pending on the file of the XXXIX Addl. Chief Metropolitan Magistrate at Bengaluru.

3. I state that, after lodging the complaint the police have arrested the petitioner and he is in judicial custody and during the pendency of the above case, in intervention of elders, well-wishers, my family friends, my families of both the sides, the dispute between us amicably settled/compromised and we have cordial relationship with the petitioner and myself and my minor daughter have not interested to prosecute the case. My husband is in judicial custody since from 24-01-2022 due to the domestic quarrel in my family. Thereafter, I am facing financial problem to lead our livelihood and we are depending on my husband earnings for our livelihood, he is only the bread earner of our family. Hence under the said circumstances, myself and the petitioner have compromised the matter and will not prosecute the case against the petitioner. I am herewith producing Aadhar cards of myself and my minor daughter.

4. I further submit that, the respondent No. 2 is my minor daughter she is studying and her education expenses is very much required; I am unable to bear her educational expenses and also lead daily minimum needs.

5. I further submit that, I have no objection to quash the entire proceedings against the petitioner, if not allowed the petition our entire family would be put to great hardship and injury and on the other hand no hardship will be caused."

4. Learned counsel for the petitioner as well as learned counsel for respondent Nos. 2 and 3 submit that if the parties are not permitted to compound the offences alleged against the petitioner, they will be put to serious hardship as the petitioner is the only bread earner of the family. They also submit that the relationship between the parties is also likely to get deteriorated and have further submitted that continuation of the proceedings would serve no purpose. It is also submitted by them that the injuries suffered by respondent No. 3 are simple in nature. They have relied upon the judgment of the Hon'ble Supreme Court in the case of Gian Singh Vs. State of Punjab and another reported in (2012) 10 SCC 303.

5. I have considered the submissions made on behalf of the petitioner as well as respondent Nos. 2 and 3 and also perused the application filed for compounding.

6. Respondent Nos. 2 and 3, who are present in the court, are identified by their Advocate and on enquiry, they have stated that out of their own free volition, without there being any undue influence or coercion, they h