Court can quash non-compoundable offences under inherent powers when parties settle amicably and the offences are non-grave.

ORDER :

1. The petitioners are before this Court under Section 482 of the Cr.P.C. with a prayer to quash the entire proceedings in Special Case No.388 of 2023 pending before the Court of III-Addl. District and Sessions Judge, Belagavi arising out of Crime No.167 of 2023 registered by Athani Police Station for the offences punishable under Section 323, 324, 326, 447, 504, 506 read with Section 34 of the IPC and Sections 3(1)(r), 3(1)(s), 3(2)(v), 3(2)(va) of SC & ST (POA) Act, 1989 and Amendment Act, 2015.

2. Heard the learned counsel for the parties.

3. Learned counsel for the petitioners and the learned counsel for respondent No.2 jointly submit that the dispute between the parties who are neighbours has been amicably settled at the intervention of well-wishers and elders of both the family.

4. The parties who are before this Court have filed an application under Section 359 of BNSS, 2023 read with Section 320 of the Cr.P.C. with a prayer to permit them to compound the alleged offences. They submit that the application is supported by an affidavit of respondent No.2, who is the de facto complainant.

5. Learned HCGP, however, brings to the notice of this Court that the alleged offences are non-compoundable in nature.

6. Perusal of the material on record would go to show that the parties are residing in the same village and it appears that there is some civil dispute between them with regard to some immovable properties. It is in this background, the alleged crime had taken place on 20.05.2023.

7. It is now submitted by the learned advocates appearing for the private parties, the said dispute has been settled and the parties who are neighbours intend to live peacefully in future and therefore, they have approached this Court.

8. The parties who are present in-person before this Court are identified by their respective learned advocates.

9. The application filed under Section 359 of the BNSS, 2023, which is supported by an affidavit of respondent No.2, the de facto complainant, is taken on record.

10. In the said affidavit, in paragraph Nos. 2 to 8, it is stated as follows:

2. That, the Petitioners herein are my neighbors to my agricultural land, I am residing alongwith my family members within the limits of Shivanoor Village. I am having portion of agricultural land which is very adjacent to the Petitioners agricultural land both are situated within the limits of Shivanoor Village. Further I submit that, the Petitioner No. 1 has put up the boundary stone into his agricultural land. However, the said boundary stone was noticed by me which was put up into his field. After noticing it, I had informed to the Petitioner No. 1 that the boundary stone was actually installed in my field. Due to which the Petitioners have developed an animosity with me.

3. It is false to submit that, on 20/05/2023 at about 04 PM I had been to my agricultural land at that time both the Petitioners were trespassed my field and started abusing me in filthy language by taking my caste name. It is further false to submit that, the Petitioner No.1 has taken the Bamboo stick from the side and suddenly started assaulting me at the time of assault my wife Smt. Kasturi and one Mallappa Masarguppi has pacify the matter and given the life threat to me, in case if I did not vacate the agricultural land. Due to the sudden assault of the Petitioners, I was injured and immediately, I was shifted to Government Hospital, Athani for treatment and again I was further shifted to Dr. Metri Hospital for further treatment with all these allegations I have lodge a complaint against the Present Petitioners before the Athani Police Station in its Crime No. 167/2023 pending on the file of III Addl. District and Sessions Judge, Belagavi, bearing Special Case No. 388/2023 for the offences punishable under Sections 323, 324, 326,