ORDER

1. Accused Nos.1 to 3 are before this Court under Section 482 of Cr.P.C. with a prayer to quash the entire proceedings in Crime No.94/2023 pending on the file of XXXII ACMM, Bengaluru, arising out of PCR No.7/2023 registered by Malleshwaram Police Station, Bengaluru, for the offence punishable under Section 420 of IPC.

2. Heard the learned counsel for the parties.

3. Learned counsel for the petitioners and learned counsel for respondent No.2/de-facto complainant 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. They have filed an application under Section 320 of Cr.P.C. seeking permission of this Court to compound the alleged offence for which FIR has been registered against the petitioners. They accordingly, pray to allow the petition.

4. Learned HCGP does not seriously oppose the prayer made by the petitioners and respondent No.2.

5. The application filed by the parties seeking permission of this Court to permit them to compound the offence for which FIR has been registered against the petitioners, is taken on record. The same is signed by the parties and their respective advocates. Parties, who are present before the Court are identified by their respective advocates.

6. The application filed by the parties under Section 320 of Cr.P.C. seeking permission of this Court to compound the offence for which petitioners have been charge sheeted is supported by the Joint Affidavit of the parties. In paragraph No.3 of the Joint Affidavit, it has been stated as follows:-

"3. We, state that the alleged offence mainly alleged under section 420 is now sought to be compounded with the intervention of elders & well wishers & with the consent of the complainant. There is no prejudice going to be caused to the complainant. If the compounding is made, it is in the interest of both the parties. There is no harm prejudice that is going to be caused to any of us. Right of all the parties is protected in the compromise already entered in to between us. Matter was settled out court and the petitioners herein, have no claim against the respondent No.2 herein and the respondent No.2 herein, have no claim past, present and future between us. None of the parties have any claim civil criminal proceedings may be closed in view of the compromise between the parties. Such a compromise/compounding sought therein in the interest of all the parties. We have gone through the contents of this application and understood in the language of all the parties concerned. hence, the instant application for lawfully compounding the case. We state that in the case of allegation of cheating, the victim/complainant can agree for lawfully compounding of the case. Even otherwise, this Hon'ble Court has got inherent powers to lawfully close the case in the interest of all the parties concerned."

7. The alleged offence is compoundable in nature and the allegations found in the complaint are private in nature. Parties who had a business transaction between them have now decided to settle the inter se dispute by putting an end to the present criminal proceedings which is initiated on the complaint of respondent No.2. In the joint affidavit, the parties have stated that the matter is settled out of Court at the intervention of well wishers and elders of the parties and settlement is voluntary and without there being any undue influence or coercion. Under the circumstances, I am of the view that the prayer made in the application filed by the parties seeking permission of this Court to compound the offence is required to be granted. Accordingly, the following:-

ORDER

(i) I.A.No.1/2024 filed by parties under Section

320 of Cr.P.C. is allowed. Parties are permitted to compound the offence for which charge sheet has been filed against the petitioners in Crime No.94/2023 which is now pending before the Court of XXXII Addl. Chief Metropolitan Magistrate, Bengaluru registered by Malleshwa