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2025 Supreme(Online)(Kar) 15048

KARNATAKA HIGH COURT
VENKATESH NAIK T, J
SMT. AMRUTA D/O. RAMESH KARADIGUDDA, SMT. ANNAPURNA W/O. RAMESH KARADIGUDDA – Appellant
Versus
GIRISH V. P. – Respondent
CRIMINAL PETITION NO. 100107 OF 2024 (482 OF Cr.PC/528 OF BNSS)



Advocates:
For the Appellants/Petitioners: SHRI SANTOSH B. RAWOOT
For the Respondents: SMT. NIRMALA BANI, SHRI N. H. PATIL

Compromise between parties can lead to quashing of criminal proceedings if accepted by the court to serve justice.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - Quashing of proceedings - Parties entered into a settlement, thereby seeking to quash the proceedings in C.C. No.3382/2023 pending against the petitioners in view of the compromise - Joint memo filed, reflecting mutual understanding and withdrawal of cases by parties - Court considered the settlement, and quashed the proceedings accordingly. (Paras 3, 4)

(B) Compounding of Offences - The court accepted the compromise, allowing the petitioners’ request to quash the ongoing criminal proceedings in the interest of justice and equity. (Paras 3, 4)

Facts of the case:
The petitioners and the de facto complainant reached a mutual settlement with the involvement of well-wishers leading to the withdrawal of various filed cases and a request to quash the criminal proceedings.

Findings of Court:
The court, acknowledging the settlement, quashed the ongoing proceedings to prevent unnecessary prolongation of the case.

Issues: The central issue was the validity of the mutual settlement and its implications for the ongoing criminal proceedings.

Ratio Decidendi: The court affirmed that the compromise agreement reached by the parties was acceptable, warranting the quashing of proceedings in order to uphold principles of justice and equity.

Result: Criminal petition allowed with the quashing of the proceedings against petitioners.

Table of Content
1. parties reached a settlement. (Para 1 , 2 , 3)
2. court accepted the settlement. (Para 4)

(PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T)

Heard Sri. Santosh B. Rawoot, the learned counsel for petitioners, Smt. Nirmala Bani and Sri. N.H. Patil, learned counsels for the respondent.

2. This petition is filed by the petitioners under Section 482 of Cr.P.C. to quash the entire proceedings in C.C. No.3382/2023 arising out of P.C. No.226/2023 pending on the file of learned Principal Civil Judge and JMFC, Dharwad.

3. The petitioners and de facto complainant are before this Court. Both the petitioners and the de facto complainant filed joint memo along with their affidavits.

The contents of joint memo are as under:

“Herein the joint memo on behalf of Petitioners and respondent is as under:

1. It is submitted that with help of well-wishers and relatives of petitioners and respondent have arrived at settlement between them to mitigate the dispute between them and accordingly they have settled the dispute between them as per flowing trams.

2. The petitioner No.1 and respondent No.1 there was settlements as per the settlement Petitioner No.1 has to withdraw Crl. Misc. No.297/2023 and M.C No. 117/2024 filed against respondent No.1. The respondent has also agreed to withdraw the O.S.No.19/2023 and CC. No.3382/2023 filed against the petitioner No.1.

3. It is submitted that in view of settlement between the petitioners and respondent No.1. The respondent No.1 has agreed to quash all proceedings in respect of C.C. No.3382/2023 (P.C.R.No. 226/2023) pending on the file of Principal Civil Judge & JMFC Dharwad by allowing the present petition. Wherefore it is most humbly prayed before this Hon'ble Court may pleased to allow the joint memo by quash all proceedings in respect of C.C. No.3382/2023 (P.C.R.No. 226/2023) pending on the file of Principal Civil Judge & JMFC Dharwad, to meet the ends of justice and equity.”

4. In view of the settlement arrived at between the parties, it is considered unnecessary to prolong the proceedings. Taking into account the facts and circumstances of the case, this Court is of the opinion that the compromise entered into by the parties deserves to be accepted. Accordingly, the proceedings in C.C. No.3382/2023, pending before the learned Principal Civil Judge and JMFC, Dharwad, and the proceedings in P.C. No.226/2023, pending before the learned Principal Civil Judge and JMFC, Dharwad, are liable to be quashed. Therefore, this Court proceeds to pass the following order:

ORDER The joint memo filed by the parties is hereby accepted. The criminal petition filed under Section 482 of Cr.P.C. is allowed.

The proceedings initiated against the petitioners in C.C. No.3382/2023, pending before the learned Principal Civil Judge and JMFC, Dharwad is hereby quashed.

It is hereby ordered that the offences punishable under Sections 384, 120B, 504, 506 read with Section 34 of IPC stands compounded in view of the settlement between the parties.

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