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.

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 this Court seeking permission of this Court to compound the offences and in support of their prayer, the petitioner and his father have filed their respective affidavits before this Court. They also submit that father of the victim girl has also filed his affidavit admitting the settlement between the parties. They submit that the settlement between the parties is voluntary without there being any undue influence and coercion and pendency of this case has been causing untold hardship to them and their relatives and they are not in a position to live a normal life. Accordingly, they pray to allow the petition.

4. Learned HCGP, however, has brought to the notice of this Court that charge sheet has been filed in the present case for non-compoundable offences.

5. The affidavits filed by the petitioner, his father and by the father of the victim are taken on record. In paragraph Nos.2 to 5 of the affidavit filed by the petitioner, it is stated as follows:

“2. I state that I have filed the above petition seeking quashing of entire proceedings in connection with APMC Navanagar P.S. Crime No.42/2024 (Now Spl. S.C. No.45/2024) pending on the file of II Addl. Dist and Sessions Judge and Spl. Judge, Dharwad for the alleged offences punishable under Sections 376 , 504, 506 of IPC and Section 6 of POCSO Act and Sections 3(2)(v), 3(1)(r)(s) of SC / ST (Prevention of Atrocities) Act, since I and the victim girl are getting married and have amicably resolved the issue.

3. I state that I and the victim girl are in relationship and we both have decided to go for marriage and for this my parents and parents of victim girl has consented to it.

4. I state that sine I am 20 years 4 months old and to get marriage register I should have completed 21 years of age, therefore for the registration of marriage we need to wait another 8 months. I state that as soon I complete the age of 21 years I undertake that, at earliest, in the presence of parents we will get out marriage registered.

5. I sate that, without fail, as soon as I complete the marriageable (21 years) age will get marriage register before the concerned authority. If I fail so, the respondent No.2 and victim girl may initiate proceedings against me according to law.”

6. In the affidavit of the father of the petitioner, the statements made by his son have been reiterated. The father of the victim girl has filed a separate affidavit which is also taken on record. In paragraph Nos.2 to 5 of the affidavit filed by the father of the victim gir