The court upheld that amicable settlements in compoundable offences allow for the quashing of criminal proceedings when agreed upon by the parties involved, thus promoting justice and resolution of civil disputes.

ORDER :

S. Vishwajith Shetty, J.

1. These three petitions arise out of a case and counter case between the same parties and therefore they are heard together and disposed of by this common order.

2. Heard the learned counsel for the parties.

3. FIR in crime No.266 of 2023 was registered by Old Hubballi Police Station, Hubli South Sub-Division, Hubballi Dharwad against Krishna Gandagalekar and seven others based on the first information dated 12.12.2023 submitted by Sharanappa Annigeri. After completing investigation in the said case, charge sheet was filed for the offences punishable under Section 34 1, 447, 504, 506 read with Section 34 of the IPC against four persons. The jurisdictional Court, after taking cognizance of the charge sheeted offences, has issued summons to the accused in Crime No.266 of 2023 (C.C. No.3983 of 2024).

4. Aggrieved by the same, accused No.1 in C.C. No.3983 of 2024 is before this Court in Criminal Petition No.101237 of 2024 and accused Nos.2 to 4 are before this Court in Criminal Petition No.102331 of 2024.

5. In respect of the very same incident that had taken place on 09.12.2023, FIR in Crime No.267 of 2023 was registered by the Old Hubballi Police Station, Hubli South Sub-Division, Hubballi Dharwad on the basis of the first information dated 13.12.2023 submitted by Krishna Gandgalekar against Ravi Dandin and others. After completing investigation in the said case, charge sheet has been filed against accused No.1 to 5 for the offences punishable under Section 34 1, 504, 506, 109 read with Section 34 of the IPC. the jurisdictional Court after taking cognizance of the charge sheeted offences in Crime No.267 of 2023, has issued summons to the accused in the said case in C.C. No.3984 of 2024.

6. Assailing the same, the accused in C.C. No.3984 of 2024 are before this Court in Criminal Petition No. 103231 of 2024.

7. Learned counsel for the parties jointly submit that the dispute between the parties has been amicably settled at the intervention of the well-wishers and elders of both the parties. The incident in question had taken place in the background of civil dispute between the parties. The parties have decided to resolve their inter se dispute in the civil case, which is pending before the jurisdictional Civil Court at Hubballi. Under these circumstances, they have decided to give quietus to the case and counter case registered by Old Hubballi Police in respect of the alleged incident that had taken place on 09.12.2023.

8. Learned counsel for the parties submit that a memorandum of settlement/compromise petition under Section 320 read with Section 482 of the Cr.P.C. is filed before this Court, which is supported by the affidavit of the parties.

9. The parties, who are present in-person before this Court are identified by their respective learned Advocates.

10. The application filed seeking compounding of the offences in the case and counter case, which is supported by the affidavit of the parties is taken on record. In paragraph Nos.1 to 6 of the application filed in Crl.P.No.102331/2024 C/w Crl.P.No.101237/2024, it is stated as follows:

“2. It is submitted that the petitioners and the respondent No.2 have amicably settled the dispute between themselves due to the intervention of elders and now by virtue of the aforesaid compromise, the respondent No.2 has agreed to sole their Civil dispute before competent court and further parties to the proceedings are under take that they will not make any allegations and criminal activities between each other and further both parties are under taken that they will maintain peaceful environment between them, hence the Hon'ble court be please to pass suitable order and close the case by quashing the same.

3. That the petitioners and re