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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
Venkatesh Naik T
Sanju S/o. Adiveppa Devaramani – Appellant
Versus
State Of Karnataka – Respondent
ORDER :
Venkatesh Naik T, J.
Heard Sri. Harshawardhana M. Patil, learned counsel for the petitioner, Sri. Jairam Siddi, learned High Court Government Pleader for respondent No.1 – State and Sri. Avinash Banakar, learned counsel for respondent No.2 – de facto complainant.
2. The petitioner has filed this petition under Section 4 82 of Cr.P.C. praying to quash the proceedings in S.C. No.643/2024 on the file of the learned Additional District and Sessions Judge FTSC-I Belagavi (POCSO), Belagavi for the offences punishable under Sections 137 (1)(b), 64(1), 645(2)(m) of Bharatiya Nyaya Sanhita, 2023 and Sections 4 and 6 of Protection of Children from Sexual Offences Act, 2012 .
3. The sum and substance of the charge sheet is that the victim was aged about 17 years 4 months in the year 2024. The petitioner came into contact with the victim, developed love with her and on a promise to marriage, he took her and committed penetrative and aggravated sexual assault on her and thereafter, he made criminal intimidations to eliminate her. Hence, the first informant lodged the complaint which led to registration of FIR and initiation of investigation. The Investigating Officer investigated the mat
Compromise between parties in non-compoundable criminal cases can satisfy interests of justice and lead to quashing proceedings when there is minimal chance of conviction.
Marriage between accused and victim post-offence permits quashing of proceedings to prevent abuse of legal process when disputes are resolved amicably.
Ends of justice are higher than ends of mere law though justice has got to be administered in accordance with laws enacted by Legislature.
The court can exercise its power under Section 482 to quash criminal proceedings even in non-compoundable offences if the parties have amicably settled their disputes, preventing abuse of the legal p....
Court allows party-initiated compromise under Section 482 Cr.P.C., quashing IPC charges, emphasizing the futility of trials post-settlement.
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.
Point of law: joint memorandum of settlement filed by the respective parties and in the light of the above decisions of the Hon'ble Apex Court, it is appropriate to quash the criminal proceedings
The court can quash proceedings under the POCSO Act based on genuine settlements, especially when the accused and victim are married, to prevent injustice and promote family harmony.
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