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M.NAGAPRASANNA
Sathish K. S/o Krishnappa – Appellant
Versus
State of Karnataka by Byadarahalli Police Station Rep. by Its State Public Prosecutor – Respondent
ORDER :
The petitioners are before this Court calling in question proceedings in Crime No.87 of 2022 registered for offences punishable under Sections 376, 384, 504, 506 read with Section 34 of the IPC.
2. Heard Sri D. Mohan Kumar, learned counsel appearing for the petitioner, Sri K.S. Abhijith, learned High Court Government Pleader for respondent No.1 and Sri K.Raghavendra Gowda, learned counsel appearing for the respondent No.2.
3. The facts are that the 2nd respondent is the complainant. On a complaint dated 16-02-2022 made by her FIR came to be registered 17-02-2022 for the offence punishable under Section 376 of the IPC against the petitioner No.1/accused No.1 and other offences against other accused. The issue is not with regard to the merit of the matter. During the pendency of these proceedings, the parties to the lis – petitioner No.1, the complainant and all other accused have entered into a settlement and have produced such settlement by way of an affidavit before this Court. A joint memo and an application under Section 483 read with Section 320 of the Cr.P.C. are also filed before the Court seeking to compound the offences alleged.
4. Since the offence punishable is one un
Termination of criminal proceedings based on settlement is permissible, even for offences punishable under IPC section 376, as established by relevant judgments and the peculiar facts of the case.
In view of settlement between parties, parties can be permitted to compound their offences.
Offences under Section 307 IPC are serious and heinous, lacking the possibility of being quashed based on private compromise. Hence, societal interest in prosecuting such crimes prevails.
Heinous and serious offences cannot be quashed based on a compromise between the parties, as per the principle laid down by the Hon'ble Supreme Court.
The main legal point established in the judgment is the principles for quashing criminal proceedings based on compromise, considering the nature of the offences, societal impact, and the possibility ....
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