S. VISHWAJITH SHETTY
Chandrappa – Appellant
Versus
State of Karnataka By Sho, Gudibande Police Station Chickballapura – Respondent
ORDER
S. Vishwajith Shetty, J.
Accused in Crime No.49/2024 registered by Gudibande police station, Chickballapura for the offences punishable under Sections 376(2)(n) of Indian Penal Code, 1860, Section 5(J)(II), 5(L) and 6 of the Protection of Children from Sexual Offences Act, 2012 and Sections 9 and 10 of the Prohibition of Child Marriage (Karnataka Amendment) Act, 2016, is before this Court to quash the entire proceedings in the said case.
2. Learned counsel for the petitioner and learned counsel for the respondent No.2 jointly submit that the dispute between the parties has been amicably settled. The petitioner and the victim were in love. It is only when the victim had gone to the Primary Health Centre, Madhugiri for the purpose of delivery, after verification of her age, a complaint was lodged by the respondent No.2. They submit that the victim girl was a major as on the date of registration of the FIR and subsequently, the marriage of the petitioner with the victim girl has been solemnized and the same is also registered before the jurisdictional Registrar of Marriages. They submit that the certificate of registration of marriage dated 01.04.2024 is also produced along with t
Gian Singh vs. State of Punjab reported in (2012) 10 SCC 303
Parbatbhai Aahir vs. State of Gujarat reported in (2017) 9 SCC 641
The court affirmed that inherent powers under Section 482 of Cr.P.C. can be invoked to quash FIRs for non-compoundable offences when the parties have settled their disputes, particularly in cases inv....
The High Court can quash non-compoundable offense proceedings under Section 482 of Cr.P.C. when parties settle amicably, ensuring justice without adhering strictly to compoundability rules.
Inherent powers under Section 482 of Cr.P.C. allow quashing of proceedings for non-compoundable offences if the parties have amicably settled and it serves the interest of justice.
The High Court can quash non-compoundable offences under Section 482 of Cr.P.C. if there's a voluntary settlement, particularly in private disputes, ensuring justice for all parties involved.
Inherent powers under Section 482 Cr.P.C. can quash non-compoundable offences when continuation causes undue hardship and mutual affection exists between parties, underscoring the need for justice.
The High Court can quash proceedings under Section 482 Cr.P.C. even for non-compoundable offences if justice demands it and the parties have reached a suitable settlement.
Ends of justice are higher than ends of mere law though justice has got to be administered in accordance with laws enacted by Legislature.
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