VINAYAK B. KALE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 482 of Cr.P.C. praying this Court to quash the proceedings in C.C.No.579/2020 for the offence punishable under Ss. 341, 323, 324, 504 and 506 read with Sec. 149 of IPC on the file of IX Additional Chief Metropolitan Magistrate, Bengaluru City.

(2.) The factual matrix of the case is that respondent No.2 had lodged the complaint with the first respondent vide complaint dtd. 22/9/2019 that the petitioners herein, who are the husband as well as their in-laws and other persons had assaulted her and her parents. Based on the complaint, the police have registered the case for the above offences and thereafter investigated the matter and filed the charge sheet against the petitioners herein.

(3.) Now the parties have filed an application under Sec. 320 (1) read with Sec. 482 of Cr.P.C. praying the Court to permit them to compound the offences invoked against them, as the matter has been settled among themselves on the advice of the well-wishers of the family. The parties have also filed Annexure-D, which is a memorandum of settlement arrived at between the parties under Sec. 89 of CPC. In terms of the memorandum of settlement, they have arrived for mutual settlement and an amount of Rs.3,75,000.00 has been paid in total to the respondent No.2 and also returned the gold ornaments. Now there is no dispute between the parties as already the divorce has been granted by the jurisdictional Court. In view of the settlement arrived at between the parties and also in view of the principles laid down by the Apex Court in the case of GIAN SINGH V. STATE OF PUNJAB reported in (2012) 10 SCC 303, if the dispute between the parties is a matrimonial offence not affecting the society at large and inter se between the parties, such offences can be compounded with the permission of the Court.