ORDER

Accused No.2 is before this Court under Section 482 of Cr.P.C., with a prayer to quash the entire proceedings in C.C.No.32/2021 pending before the Principal Senior Civil Judge and CJM, Shivamogga, arising out of Crime No.33/2020 registered by CEM Crime Police Station for offences punishable under Sections 354(A), 354(D), 448 and 506 of IPC and Sections 66-E and 67 of Information and Technology Act.

2. Heard the learned counsel for the parties.

3. Learned counsel for the petitioner and the learned counsel for Respondent No.2 jointly submit that dispute between the parties has been amicably settled at the intervention of the well-wishers and elders of both the parties. The parties are before this Court and they have filed application under Section 320 of Cr.P.C., with a prayer to permit them to compound the alleged offence and consequently, to quash the entire proceedings as against the petitioner herein. They submit that even if the complaint and charge sheet are perused, the only offence that gets attracted against the petitioner is 506 of IPC and allegation of committing the other offences is only as against Accused No.1.

4. Learned High Court Government Pleader submits that charge sheet is now filed for offences which are not compoundable in nature. However, she fairly does not dispute that allegation in the complaint and charge sheet as against the petitioner is only regarding offence committed under Sections

448 and 506 of IPC.

5. F.I.R in Crime No.33/2020 was filed by Shimoga CEN Crime Police Station, Shimoga, against Vikram and the petitioner herein for the aforesaid offences on the complaint of the 2nd respondent herein dated 05.06.2020. Perusal of the averments made in the complaint would go to show that the entire allegations in the complaint with regard to the offences punishable under Sections 354(A), 354(B) of IPC and Sections 66-E and 67 of Information and Technology Act is only as against Accused No.1 and even in the charge sheet, allegation against the petitioner herein is only for offence under Sections 448 and 506 of IPC. The petitioner and the Respondent No.2 have now settled the dispute between themselves at the intervention of their elders and well-wishers and they have filed an application seeking permission of the Court to compound the alleged offences as against the petitioner herein. In Paragraph No.3 of the application which is supported by the affidavits of the parties, it has been averred as follows:

3. The petitioner and respondent no.2 and the elders of the family have advised, the petitioner and respondent no.2 to get the dispute/lies settled/compromised as under:

a. That the petitioner/accused no.2 and respondent no. 2 have amicably compromised/settled dispute with each other and both the parties agreed that they will maintain cordial relation with each other's, in future and will not quarrel with each other and will leave peacefully in future and as such the respondent no.2 does not want to pursue this case further and further respondent no.2 withdraws all the allegation leveled against the petitioner no. 1.

b. That the petitioner no.1/accused no.2 and respondent no.2 have entered into compromise voluntarily and out of their free will for purpose of maintaining good relations.

c. The Petitioner and Respondent will not be interfering into each others day to day well-being and life.

d. It is therefore, most humbly, prayed that this Hon'ble court may be pleased to grant permission to compound the said offence, and be pleased to dispose of the case as compounded and proceedings may kindly be quashed.

e. The petitioners and respondent no.2 submit that the compromise is arrived without any force, coercion, misrepresentation and out of free consent and as per advice of elders in the family.

6. The Hon'ble Supreme Court in the case of RAMGOPAL AND ANOTHER vs. STATE OF MADHYA PRADESH (AIR 2021 SC 516) has held that the inherent powers of High Court can be exercised in deserving case not withstanding the limit