IN THE HIGH COURT OF KARNATAKA AT DHARWAD BENCH
S.VISHWAJITH SHETTY
Santosh Basappa Ganagi – Appellant
Versus
State of Karnataka – Respondent
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
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.
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.
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.
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.
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.
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 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.
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....
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