1. These two petitions under Section 482 Cr.PC are filed with a prayer to quash the entire proceedings in Crime No.70/2023 and Crime No.71/2023 registered by Sindagi Police Station, Vijayapura District, pending before the Court of Senior Civil Judge & JMFC, Sindagi.

2. Heard the learned Counsel for the parties.

3. Learned Counsel for the private parties in both the petitions, jointly submit that the dispute is between the close relatives and the same is now settled at the intervention of well-wishers and elders of both the parties. The parties have filed separate applications in these two petitions seeking permission of this Court to compound the offence for which FIR has been registered against the petitioners.

4. Learned HCGP, however, brings to the notice of this Court that FIR in Crime No.70/2023 is registered for noncompoundable offences.

5. Perusal of the material available on record would go to show that in respect of the incident that had taken place on 15.03.2023, on the basis of the first information submitted by Saifan Jaligidad S/o Mohammadsab Jaligidad, FIR in Crime No.70/2023 was registered for the offences punishable under Sections 447, 341, 323, 324, 326, 354, 504, 506 read with 149 IPC against seven accused persons who are petitioners in Crl.P.No.201344/2023.

6. In respect of the very same incident, FIR in Crime No.71/2023 was registered for the offences punishable under Sections 447, 341, 324, 504, 506 read with 34 IPC on the basis of the first information received from Smt. Maiboobi W/o Sikandar Jaligidad, against the petitioners in Crl.P.No.201741/2023.

7. From the aforesaid, it is very clear that the two cases registered in Crime No.70/2023 and Crime No.71/2023 are case and counter case in respect of the alleged incident that had taken place on 15.03.2023.

8. The dispute between the two parties who are all close relatives has been now amicably settled at the intervention of well-wishers and elders of both the parties. The settlement is reported before this Court under Section 528 of Bharatiya Nagarik Suraksha Sanhita (Section 482 Cr.PC) by filing joint memos and the joint memos are signed by the parties to the petitions and their learned advocates. The joint memo is supported by the affidavit of petitioner/accused and respondent no.2 who is the first informant. The affidavits in both the petitions are identical. In the affidavit of the petitioner no.1 filed in Crl.P.No.201344/2023, in paragraphs 2 to 4, it is stated as under:

“2. That, ourselves, and husband of the respondent No.2/Complainant belong to the same lineage, due to intervention of the family members and well-wishers of our Village, we amicably settled the dispute as we have decided to keep harmony between us and enable us to live with peace and love and now we have no grudge against each other.

3. That, allegations levelled against the respondent No.2 and her family members not so grave against each other. So, there is no direct impact on the society for the settlement.

4. That, in view of the amicable settlement respondent No.2, has given no objection to quash the proceedings.”

9. Similar averments are found even in the affidavit of petitioner no.2 filed in Crl.P.No.201741/2023.

10. The parties who are present before this Court are identified by their respective advocates. They have stated before this Court that the settlement reported is out of own volition without there being any coercion or undue influence and they intend to give a quietus to the dispute between them and lead a peaceful life.

11. The Hon'ble Supreme Court in the case of RAMGOPAL AND ANOTHER VS. STATE OF MADHYA PRADESH - AIR 2022 (14) SCC 531 has observed that notwithstanding the limitations provided under Section 320 of Cr.P.C., the High Court can exercise its inherent powers under Section 482 of Cr.P.C. and quash criminal proceedings registered for non-compoundable offences considering the nature of allegations, gravity of offence and the nature of settlement arrived at between the parties.

12. The parties in the present case have decided to give a quietus to all the disputes between them and the allegations are not of grave in nature. The settlement between the parties is voluntary and without there being any undue influence and coercion. Under the circumstances, I am of the opinion that there should not be any impediment to grant the relief sought for in the petitions. Accordingly, the following order:

13. Criminal petitions are allowed. The entire proceedings in in Crime No.70/2023 registered by Sindagi Police Station, Vijayapura District, pending before the Court of Senior Civil Judge & JMFC, Sindagi, and the entire proceedings in C.C.No.48/2024 pending before the Court of Senior Civil Judge & JMFC, Sindagi, arising of Crime No.71/2023 registered by Sindagi Police Station, Vijayapura District, are hereby quashed.