The court can quash non-compoundable criminal proceedings in light of a mutual settlement and marriage between the parties, focusing on justice and personal circumstances.

ORDER :

1. The petitioner is before this Court with a prayer to quash the entire proceedings in Special Case No.647/2024 pending before the Court of Additional District and Sessions Judge, FTSC-I, Belagavi, arising out of Crime No.165/2024 registered by Kittur Police Station, Belagavi, for the offences punishable under Sections 376(2)(n) and 506 of IPC and Sections 4 and 6 of the POCSO Act, 2012.

2. Heard the learned counsel for the parties.

3. Learned counsel for the petitioner and learned counsel for respondent No.2 jointly submit that the dispute between the parties has been amicably settled at the intervention of well-wishers, elders and parents of the petitioner and the victim girl. The petitioner has now married the victim girl after she attained the age of majority. The date of birth of the victim girl is 27.02.2007 and marriage of the petitioner with victim girl was solemnized on 14.04.2025. Petitioner and the victim girl are now residing together and are living as husband and wife. Pendency of this criminal case has been causing untold hardship to the newly wedded couple and also to their family members. Therefore, they have decided to give quietus to the dispute between the parties and live peacefully in future. It is under these circumstances, this petition is filed and the parties have come forward to report settlement before this Court by filing an application under Section 359 read with 528 of BNSS , 2023, which is supported by the affidavit of petitioner, respondent No.2, victim girl as well as her parents.

4. They submit that settlement between the parties is voluntary without therebeing any undue influence or coercion. Petitioner, victim girl, her parents and the first informant, who is the maternal aunt of the victim girl are present in-person before the Court. They have been identified by their respective Advocates.

5. In the application filed by the parties seeking permission of this Court to compound the alleged offences for which petitioner has been charge sheeted, in paragraph Nos.2 to 4, it is stated as follows:-

“2. It is pertinent to note, that with the intervention of the elders of both the families and the parents the Accused/petitioner and the victim girl both are married and living happily together. And now the present petitioner and the victim have settled and that allowing the criminal proceedings against the petitioner possibly may not get him convicted for the alleged offences.

3. The complainant and the victim don’t want to precipitate the matter ahead, as the accused and victim are happily married and want to lead a peaceful life.

4. As per the dictum of the case decided by Honble Apex Court in Gian Singh vs. State of Punjab wherein it is held, when the offence is civil, where wrong is personal, and the matter is resolved between the parties consensually, proceedings can be quashed by the High Court. And so also, the High Court can quash the criminal proceedings where the conviction is not possible and the parties are ready to settle the case amongst themselves even if the offence did not fall under compoundable offences. Therefore in view of the said dictum it is humbly prayed to allow the parties to compound the offences and close the pending criminal case which is impugned in the present criminal petition.”

6. Along with the application, in addition to the affidavit of the parties, the adhaar card of the parties, are also produced. The marriage invitation card of the petitioner with the victim girl and their marriage photographs are produced separately.

7. Learned HCGP however has brought to the notice of this Court