The High Court may exercise its inherent powers under Section 482 Cr.P.C. to quash criminal proceedings, even for non-compoundable heinous offences like Section 307 IPC, if a settlement between parties exists, the injury is simple, and continuing the trial serves no purpose.

ORAL ORDER

The petitioners are before this Court calling in question the proceedings in S.C.No.79/2023 registered for offences punishable under Sections 143, 147, 148, 447, 504, 324, 323, 307, 506, 149 of the IPC.

2. Heard Sri.Rajath, learned counsel appearing for the petitioners, Sri.Anoop Kumar, learned HCGP appearing for respondent No.1, Saksha Bhagavan, learned counsel appearing for respondent No.2 and have perused the material on record.

3. The petitioners are accused, who get embroiled in a crime, which arose out of the alleged assault of the complainant by the accused. It becomes a crime in Crime No.116/2021. After registration of the crime, the police file a charge sheet for the offences punishable under Sections 143, 147, 148, 447, 504, 324, 323, 307, 506 and 149 of the IPC. Since the offence was the one punishable under Section 307 of the IPC, the matter is committed to the Court of Session and is presently pending as S.C.No.79/2023.

4. During the pendency of the proceedings before the concerned Court, the parties to the lis have resolved the dispute amongst themselves and have drawn up certain terms of settlement. They have also filed an application for compounding along with Joint Affidavit in this regard. The Joint Affidavit reads as follows:

"JOINT AFFIDAVIT

"1. That the present Petition has been preferred with a prayer to quash the proceedings in S.C 79/2023 arising out of Final Report Dt. 29.11.2022 filed by the Respondent No.1 Begur P.S for the offences punishable under Sections 143, 147, 148, 447, 504, 323, 307, 506 and 149 of I.P.C pending before the Ld. Addl District and Sessions Judge, F.T.S.C-1, Chamarajanagara to meet the ends of justice.

2. That, at the intervention of the elders and well wishers, the subject matter of the above case has been amicably settled inter-se between the parties and taking into consideration of the long-standing relationship between the parties and to buy peace and to further live harmoniously, the Petitioners herein requested the Respondent No.2, along with the other victims herein to enter into a compromise and the Respondent herein, on humanitarian consideration has agreed to give consent for the compromise.

3. It is unequivocally agreed by the Petitioners herein that the Petitioners shall not enter into the property belonging to the Respondent No.2 herein and/or disturb the peaceful functioning of the quarry business belonging to the family of the Respondent No.2 herein, and that the Respondent No.2 shall not interfere in the life and affairs of the other parties pursuant to the present settlement, and the failure to comply with the said provision would render the proceedings to be re-opened.

4. The Petitioner undertakes to not initiate any legal action against Respondent No.2 including proceedings for malicious prosecution or Defamation against the Respondent No.2.

5. It is humbly stated that the compromise entered into between the parties is not out of force, coercion or by misrepresentation and that parties are before this Court out of their own will and volition.

PRAYER

WHEREFORE, it is humbly prayed that, in view of the Settlement/Compromise entered into between the parties, this Hon'ble Court may be pleased to pass an order quashing the proceedings in S.C 79/2023 arising out of Final Report Dt. 29.11.2022 filed by the Respondent No.1 Begur P.S for the offences punishable under Sections 143, 147, 148, 447, 504, 323, 307, 506 and 149 of I.P.C pending before the Ld. Addl District and Sessions Judge, F.T.S.C-1, Chamarajanagara to meet the ends of justice."

5. The issue now be whether in the teeth of offence punishable under Section 307 of the IPC, the application seeking compounding of the of