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 involving marriage and family welfare.

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 this petition. They also submit that the parties intend to give a quietus to the dispute between them and they intend to lead a normal family life. Therefore, they have filed an application before this Court under Section 482 read with Section 320 of Cr.P.C. seeking permission to compound the offences. They submit that they have also filed an affidavit in support of the prayer made in the application to compound the offences for which FIR has been registered against the petitioner.

3. Learned High Court Government Pleader submits that the FIR has been registered against the petitioner for non-compoundable offences.

4. The application filed by the parties under Section 482 read with Section 320 of Cr.P.C. is taken on record. The parties who are present before the Court are identified by their respective advocates.

5. In paragraphs 2 and 3 of the application, it is stated as follows:

"2. It is submitted in the above case the respondent no.2/complainant filed the case against the petitioner which is registered in Crime No.49/2024 of Gudibande Police station. The respondent no.3 is the victim and she is major and competent person to compound the offences alleged in the FIR. The petitioner and the victim/respondent no.3 are husband and wife and they married on 01/12/2023 in anjaneyaswami temple, Aroor village, Chickabalapur Taluk and their marriage is registered with registrar of marriage on 01/04/2024 and living with child. Considering the present situation and also in the interest and welfare of the children and the victim girl, it is just and necessary to quash the FIR against the petitioner. In view of the compromise arrived between the parties, respondent no.3 has no objection to quash the entire proceeding against the petitioner for the aforesaid offences.

3. It is submitted that offence under section 5(J)(II), 5(L)(6) of POCSO Act and under section 10, 9 of The Prohibition of Child Marriage (Karnataka Amendment) Act 2016, and section 376(2)(n) of IPC are non-compoundable in nature but inview of facts and circumstance of the case since the petitioner and the victim/respondent no.3 are husband and wife and they married on 01/12/2023 in anjaneyaswami temple, Aroor village, Chickabalapur Taluk and their marriage is registered with registrar of marriage on 01/04/2024 and living with child and respondent no.3 has no objection for quashing the entire proceedings against the Petitioner. In view of the facts and circumstances of the case, it is just and proper to permit the parties to compound the offence alleged against the Petitioner and quash the F.I.R. against the petitioner in Crime No.49/2024 of Gudibande Police Station, for the offences under section 5(J)(II), 5(L)(6) of POCSO Act and under section 10, 9 of The Prohibition of Child Marriage (Karnataka Amen