The court can quash non-compoundable offences under Section 482 of the Cr.P.C. when the parties have settled amicably and voluntarily, without coercion.

Accused Nos.1 to 6 are before this Court under Section 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C .) with a prayer to quash the entire proceedings in Crime No.183/2023 pending before the II Additional Civil Judge (Jr.Dn.) and JMFC Anekal, Bengaluru Rural District registered by the Surya Nagar Police Station, Bengaluru for the offence punishable under Section 304A of Indian Penal Code, 1860 (for short ' IPC ').

2. Heard the learned counsel for the parties.

3. 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 application under Section 320 (2) read with Section 482 of Cr.P.C . with a prayer to compound the offence for which the petitioners are charge sheeted.

Learned HCGP submitted that the alleged offence is non- compoundable.

4. FIR in Crime No. 183/2023 is registered by Surya Nagar Police Station for the offence punishable under Section 304A of IPC against the owner of the company known as Sipani Royal Heritage and its employees, on the basis of the first information received from Ramesh Raut on 30.05.2023. It is averred in the first information that deceased Pankaj who was working as a coolie in an under construction apartment complex, known as Royal Heritage apartment had died in an accident that had taken place on 30.05.2023 after the rolling machine which was used at the site of construction fell on his head.

5. The application filed by the parties under Section 320 of Cr.P.C . read with Section 482 of Cr.P.C . is taken on record. The same is supported by the joint affidavit of petitioners and also the affidavit of first informant. The legal representatives of the deceased Pankaj have also filed an affidavit.

6. In paragraph Nos.3 to 8 of the memorandum of the compromise petition filed by the parties which is also signed by the respective advocates it is averred as follows:

"3. Based on the above complaint, the respondent police have registered a case against the Petitioners No.1 to 6 as accused No.1 to 6 in Crime No.183/2023 for an offence punishable under Section 304A of Indian Penal Code. Subsequent to registration of the Crime, the petitioners have approached before the Hon'ble Trial Court and the Hon'ble Trial Court was pleased to grant bail in Crime No.183/2023 and same is pending for investigation and same is pending before the Hon'ble II Addl. Civil Judge and JMFC, Anekal and same is pending for investigation. Hence, the Petitioners have approached before this Hon'ble Court among other facts and grounds.

Meanwhile, the parties of the above petition have come to settle the dispute amicably.

Hence, this Joint Compromise Petition.

4. It is submitted that, the petitioners have paid a sum of Rs.3,00,000/- as the interim compensation to the family of the deceased and entered into MOU Dated:11/03/2024 and paid compensation to Smt. Baita Devi, Shri. Padu Mahto, Smt. Priyanka Devi, Kumar Aryan Kumar Yadav, Kumar Ashish Kumar who are the Mother, father, wife and children of the deceased respectively. On this day a sum of Rs.3,00,000/- is paid as the full and final compensation the their family members. Since the compensation is paid as full and final settlement to the family member of the deceased, the respondent No.2

is come forward to settle the above case amicably before this Hon'ble Court, in the interest of justice. Hence, this petition.

5. It is submitted that, the informant undertakes that, they he will not file any other case pertains to the above subject matter in any kind. The petitioners undertakes that, they will not interfere in any kind in the business of the respondent No.2 pertains to the above subject matter. Hence this petition.

6. It is submitted that, this is the full and final settlement between the petitioners and the respondent in all aspects and there is no claim of any kind between the petitioners and the respondent forthwith. The respondent No.2 has also undertake