The petitioners being accused Nos.1 to 10 in Crime

No.46/2019 of Raichur West Police Station, are before this

Court invoking inherent powers of this Court under Section

482

of

Cr.P.C.,

to

quash

the

proceedings

in

S.C.No.72/2021 (Crime No.46/2019) for the offences

punishable under Sections 143, 147, 148, 307, 323, 504,

506, 427, 447 read with Section 149 of the Indian Penal

Code (for short ‘IPC’), pending on the file of learned

Principal Sessions Judge, Raichur.

2.

Brief facts of the case are that the informant-

Sharanagowda Vadigeri lodged the first information with

Raichur West Police Station against accused Nos.1 to 3 and

others alleging the commission of offence punishable under

Sections 143, 147, 148, 307, 323, 504, 506, 427, 447

read with Section 149 of IPC. It is stated that on

03.05.2019, at about 10:00 p.m., accused Nos.1 to 3

along with 8 to 10 persons with common object to commit

murder, armed with deadly weapons, illegally trespassed

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into land belonging to the informant, where they were

constructing the compound wall. The accused have

demolished the said compound wall, which was under

construction and caused loss of Rs.3,00,000/- and have

tried to assault the informant with deadly weapons.

However, the informant escaped. In the meantime, the

accused have assaulted the laborers and caused minor

injuries. The accused have criminally intimidated the

informant and others. Accused No.1 was armed with a

knife and criminally intimidated to take away the life of the

information. Even though he tried to stab the informant,

some how he escaped from him. Therefore, the informant

requested the police to register the case and to initiate

legal action against the petitioners. Accordingly, police

registered the case and took up investigation.

3.

After investigation, charge sheet came to be

filed against accused Nos.1 to 10. The learned Magistrate

took cognizance of the offence and committed the matter

to the Principal District and Sessions Court, Raichur and

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the matter is now pending in S.C.No.72/2021 for the

above said offences.

4.

Accused Nos.1 to 10 are the petitioners before

this Court seeking to quash criminal proceedings initiated

against them.

5.

When the matter was listed for orders,

Sri. Mahantesh Patil, learned counsel for the petitioners

and Sri. Sudarshan.M, learned counsel for respondent No.2

submitted that the parties have amicably settled their

dispute out of the Court and they have filed application

under Section 320 read with Section 482 of Cr.P.C.,

seeking permission to compound the offence and quash

the criminal proceedings initiated against the petitioners.

Accused No.1 has filed an affidavit in support of the

application which reads as under:

“AFFIDAVIT

I, Yarra Swami S/o Sithramappa, Age: 50

Years, Occ: Agriculture, R/o3-2-151/1 Near

Veerbadreshwar Temple, Beroon Qilla, Raichur,

Tq: & Dist: Raichur, today at Kalaburagi, do

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hereby solemnly affirm and state on oath as

under.

That, I am the petitioner No.1 in this case.

I know the facts of the case. I am authorized to

swear this affidavit on behalf of the other

petitioners. Hence, I am swearing this affidavit.

That,

due

to

intervention

of

family

members, elderly persons of the village, and

well wishers of our respective family, the

Accused/petitioners

and

respondent

No.2/complainant settled the dispute between

them

and

arrived

amicable

settlement.

Accordingly, the respondent No.2 and the

Accused/petitioners

filed

joint

compromise

petition. Hence, in view of the settlement the

petitioners filed this petition for quashing the

pending criminal proceedings against us in

S.C.No.72/2021 before the Prl. Sessions Judge

at Raichur. Under these circumstances, the

continuation of criminal proceedings, would put

us to great oppression, prejudice and extreme

injustice would be cause to us.

That, the petitioners and respondent No.2

herein are neighbors and known to each other

from several years. The dispute between us and

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respondent No.2 is relating to compound