Marriage between accused and victim post-offence permits quashing of proceedings to prevent abuse of legal process when disputes are resolved amicably.

ORDER :

VENKATESH NAIK T., J.

Heard Sri. Pruthvi K.S., learned counsel for the petitioner, Sri. Jairam Siddi, learned High Court Government Pleader for respondent No.1 – State and Sri. Sadanand M.K., learned counsel for respondent No.2 – de facto complainant.

2. The petitioner has filed this petition under Section 482 of Cr.P.C . praying to quash the proceedings in S.C. No.39/2025 on the file of learned Principal District and Sessions Judge, Gadag for the offences punishable under Sections 64 (2)(a)(i), 64(2)(a)(ii), 64(2)(m), 69, 238, 318(2), 308(2), 318(4), 351(2) and 115(2) of Bharatiya Nyaya Sanhita, 2023.

3. The sum and substance of the charge sheet is that the victim was aged about 22 years in the year 2022. The petitioner came into contact with the victim, developed love with her and on a promise to marriage, he took her to Kaluve Tanda of Hadagali Taluk and he committed forcible sexual intercourse on her on 13.10.2022 in the land of one Nemya Naik Karbari and thereafter, he again committed similar act against her on different dates and thereafter, the victim requested him to perform marriage. He made criminal intimidation to eliminate her. On the contrary, he also made criminal intimidation that he would upload her nude photographs in the public media. Hence, the first informant lodged the complaint which led to registration of FIR and initiation of investigation. The Investigating Officer investigated the matter and filed charge sheet for the aforesaid offences. Soon after receipt of the charge sheet, the Trial Court took cognizance of the offences and issued process against the accused. Taking exception to the same, this petitioner filed petition to quash the entire proceedings.

4. Learned counsel for the petitioner submits that the accused has solemnized his marriage with the victim (respondent No.2 – de facto complainant) on 05.04.2025 before the Sub-Registrar, Shirahatti, and the marriage has since been registered. It is further submitted that the families of both the accused and the victim are now maintaining cordial relations, and the earlier differences have been amicably resolved. The accused and the victim are presently residing together under one roof. In light of this development, a compromise petition has been filed, wherein the parties have expressed that the continuation of criminal proceedings against the petitioner would serve no useful purpose and would amount to an abuse of the process of law. Since the alleged offences are non- compoundable in nature, the petitioner has sought quashing of the proceedings and permission to record the compromise.

5. Today, both the accused and respondent No.2 – the de facto complainant are present before the Court. They have affirmed that they are legally married, having registered their marriage before the Sub-Registrar, and that the dispute between them has been resolved amicably.

6. Learned HCGP for respondent No.1 – State submits that in view of the compromise arrived at between the parties, the Court may allow the compromise and quash the proceedings.

7. Sri. Sadanand M.K., learned counsel for respondent No.2 – de facto complainant submits that since the matter is amicably settled between the parties and the accused has solemnized his marriage with the victim, in view of Section 482 of Cr.P.C ., the entire proceedings may be quashed.

8. Perused the materials available on record. The de facto complainant has married accused and now she is residing with the accused happily. Since, the accused and the de facto complainant have compromised the dispute with each other, it will be a futile exercise,