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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
S.VISHWAJITH SHETTY
Chandru S/o Devappa Dambal – Appellant
Versus
State Of Karnataka – Respondent
| Table of Content |
|---|
| 1. introduction of petition for quashing based on personal marriage dispute settlement. (Para 1) |
| 2. settlement agreement and victim's voluntary decision to withdraw claims. (Para 3 , 4 , 5) |
| 3. marital relationship established post-incident with child. (Para 6 , 7) |
| 4. court's discretion based on nature of charges and personal matters. (Para 8 , 9) |
| 5. final ruling holds the importance of justice through quashing. (Para 10) |
JUDGMENT :
Accused Nos.1 and 2 in S.C. No.60/2021 pending before the Court of Additional District and Sessions Judge, Gadag, arising out of Crime No.152/2020 registered by Gadag Rural Police Station, for the offences punishable under Sections 376(2)(i), 113, 114, 506 of IPC and Sections 4, 6 and 17 of POCSO Act, 2012, are before this Court under Section 528 (482 of Cr.P.C.) of Bharatiya Nagarik Suraksha Sanhita, 2023 with a prayer to quash the entire proceedings as against them in the aforesaid case.
3. Learned counsel for the petitioner and learned counsel for the respondent no.2 jointly submit that the dispute between the parties has been amicably settled at the intervention of the elders and well wishers of both the parties. The first petitioner has now
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 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 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 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 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 proceedings under the POCSO Act based on genuine settlements, especially when the accused and victim are married, to prevent injustice and promote family harmony.
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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