The court can permit the compounding of offences under IPC when parties arrive at an amicable settlement.

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)

1. Accused Nos.1 to 3 are before this Court under Section 528 of BNSS 2023 read with Section 482 of Cr.P.C. with a prayer to quash the entire proceedings in C.C.No.1364 of 2023, pending before the Court of Principal Civil Judge and JMFC, Hospete arising out of Crime No.31 of 2023 registered by Hospete Rural Police Station, Vijayanagara for offences punishable under Sections 498A, 323, 504 & 506 read with Section 34 of IPC. 2. Heard learned counsel for the parties.

3. Learned counsel for the petitioners and learned counsel for the respondent No.2 jointly submit that dispute between the parties, who are all relatives, has been amicably settled and petitioner No.1 and respondent No.2, who are husband and wife, are now residing together and leading a happy marital life. Therefore, the parties may be permitted to compound the alleged offences for which the HC-KAR petitioners are charge sheeted and consequently, the impugned criminal proceedings may be quashed.

4. The parties, who are present before the Court in person, are identified by their learned advocates. Parties have stated that settlement arrived between the parties is voluntary, without there being any undue influence or coercion. The application filed by the parties under Section 320 of Cr.P.C. read with Section 359 of BNSS 2023, which is supported by the affidavit of petitioner No.1 and respondent No.2, is taken on record. The said application is signed by the parties and by their respective advocates. In paragraph Nos.2 to 5 of the application filed by the parties, seeking permission of this Court to compound the offences for which the petitioners have been charge sheeted, it is stated as follows:

“2. The marriage of the petitioner and respondent No.2 was solemnized on 22.02.2009 as per their rites and customs in their community. After the marriage the respondent no.2 came to the matrimonial home for leading marital life where she led a happy marital life and out of their wed lock 2 children were born and there after some misunderstanding arose between petitioner and 2^nd HC-KAR respondent and because of that she left the matrimonial home and started residing with her parents.

3. Behind this background she filed complaint against petitioner and his family members for the offences punishable U/S. 498(A), 323, 504, 506 R/W 34 of IPC before the Rural PS Hosapete. After completion of investigation charge sheet was filed in C.C.No.1364/2023 pending on the file of Learned Prl Civil Judge and JMFC Hosapete.

4. When that being the case, on the advice of elders of both families they have amicably resolved their disputes. In view of the said development the present application is filed for compounding of offence on following grounds: A. The petitioner and respondent No.2 both have already residing together and leading happy marital life.

B. It is submitted that in view of the compromise the respondent No.2 has agreed to withdraw all cases filed against petitioner and his family members, and also she has no objection to allow this petition and in this regard no one has compelled her to enter into such compromise. 5. The petitioner and respondent no.2 have settled their disputes on their own free will and consent without any force or threat and also decided to live happily in their marital home.”

5. Considering the nature of the allegations found against the petitioners and since the dispute between the parties has been now settled and the husband and wife are living together, I am of the opinion that prayer made in the application as well as in the petition needs to be granted.

Accordingly, the following:

HC-KAR ORDER a. The parties are permitted to compound the offences for which the petitioners have been charge sheeted and consequently, the criminal petitions are allowed b. The entire proceedings in C.