ORDER

Kum.Rupali K.Trivedi, learned counsel has filed vakalath on behalf of respondent. Same is taken on record.

Accused Nos.1 and 2 are before this Court under Section

482 of Cr.P.C, with a prayer to quash the entire proceedings in C.C.No.2903/2024 (arising out of PCR No.506/2022) pending before the Court of 2nd Additional Chief Judicial Magistrate, Bengaluru Rural, Bengaluru, registered for the offences punishable under Sections 405, 406, 465, 470, 471 r/w 34 of IPC.

2. Heard the learned counsel appearing for the parties.

3. Learned counsel appearing for the petitioners and learned counsel appearing for respondent jointly submit that the dispute between the parties has been amicably settled. Respondent De-facto complainant is the sister of accused No.1. They submit that the parties have filed joint affidavit before this Court and therefore on the basis of the same, the prayer made in this petition may be granted. The joint affidavit filed by the parties is taken on record. In paragraph Nos.1 to 3 of the Joint affidavit, it is stated as follows:

"1. We jointly submit that 1st and 3rd of I are siblings and partition suit vide O.S.No.3293/2020 is pending before Hon'ble City Civil Court, Bengaluru, CCH-68 and at the instances of well-wishers we have resolved the differences. As per the terms of compromise which is already agreed between us and other siblings we are getting closed the suit. Further, 3rd of I/respondent has agreed to withdraw the instant criminal case, considering the fact that civil dispute is resolved and the private complaint was filed due to wrong advice and misconception of facts. We are fully aware of the facts and circumstances of the case are wearing to this affidavit.

2. We submit that now at the intervention of the well- wishers, relatives we have agreed to resolve dispute in C.C.No.2903/2024 (arising out of PCR.No.506/2022) for the alleged offences for the under Sec. 405, 406, 465, 470, 471 r/w 34 of IPC pending on the file of the Hon'ble 2nd Additional Chief Judicial Magistrate, Bengaluru Rural, Bengaluru and 3rd of I have agreed to withdraw the allegation made in criminal cases and not willing to prosecute case.

3. I, C.Sujatha/3rd of I, submit that I do not want to prosecute petitioners in the above case and desire to compound the entire allegation made. hence, this Hon'ble Court may be pleaded to allow the memorandum of criminal petition filed under Sec.482 of Cr.P.C."

4. The dispute between the parties is purely private in nature and the parties who are close relatives have settled their inter se dispute and they are before this Court with a prayer to quash the entire proceedings, which is impugned in this petition. The parties, who are before this Court, are identified by their respective advocates.

5. The Hon'ble Supreme Court in the case of Ramgopal and another vs. State Of Madhya Pradesh reported in AIR 2022 (14) SCC 531 has held that even in respect of non- compoundable offences if the allegations made in the criminal case are private in nature, to secure complete justice, the High Court in exercise of its inherent power under Section 482 of Cr.P.C. can quash the proceedings having regard to the settlement arrived between the parties, which is voluntary, without there being any undue influence and coercion.

6. The Hon'ble Supreme Court in the case of Ramgopal (Supra) has observed as under:

"11. True it is that offences which are “non- compoundable” cannot be compounded by a criminal court in purported exercise of its powers under Section 320CrPC. Any such attempt by the court would amount to alteration, addition and modification of Section 320CrPC, which is the exclusive domain of legislature. There is no patent or latent ambiguity in the language of Section 320CrPC, which may justify its wider interpretation and include such offences in the docket of “compoundable” offences which have been consciously kept out as non-compoundable. Nevertheless, the limited jurisdiction to compound an offence within th