IN THE HIGH COURT OF KARNATAKA AT DHARWAD
S.Vishwajith Shetty
Saddam Hussain Alias Saddam Limbuwale, S/O. Mohammed Farooq Limbuwale – Appellant
Versus
State Of Karnataka – Respondent
ORDER :
S.Vishwajith Shetty, J.
Petitioner is before this Court with a prayer to quash the entire proceedings in Special S.C. No.45 of 2024 pending before the Court of II Additional District and Sessions Judge and Special Judge, Dharwad arising out of Crime No.42 of 2024 registered by APMC Navanagar Police Station, Hubballi for offences punishable under Sections 376 , 504, 506 of IPC, Section 6 of POCSO Act and Sections 3(2)(v), 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
2. Heard the learned counsel for the parties.
3. Learned counsel for the petitioner and learned counsel for respondent No.2 jointly submit that dispute between the parties has been amicably settled at the intervention of elders and well wishers of both the parties. The parents and elders of both the parties have decided to perform the marriage of the petitioner with the victim girl, who is now a major. They submit that petitioner is now aged 20 years 4 months and immediately after he attains the age of 21 years, the marriage of the petitioner and the victim will be performed and registered before the Jurisdictional Registrar of Marriages. They submit that parties are before
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 proceedings under Section 482 Cr.P.C. even for non-compoundable offences if justice demands it and the parties have reached a suitable settlement.
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 offense proceedings under Section 482 of Cr.P.C. when parties settle amicably, ensuring justice without adhering strictly to compoundability rules.
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.
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.
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 High Court can quash criminal proceedings if a compromise is reached, provided the nature of the crime allows for such action and the possibility of conviction is deemed remote.
The High Court may quash criminal proceedings under Section 482 where parties have settled their dispute amicably, especially in cases with remote chances of conviction.
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.
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