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.

JUDGMENT :

S.VISHWAJITH SHETTY, J.

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.

2. Heard the learned counsel for the parties.

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 married the respondent no.2, who is the victim in the present case, after she has attained the age of majority. From the wedlock, the couple have a child. They intend to give a quietus to their inter se dispute and therefore, they have filed a joint memo before this Court with a prayer to permit them to compound the alleged offences and consequently, quash the entire proceedings. They submit that in support of the joint memo, affidavit of respondent no.2-victim is also filed. They also submit that the settlement between the parties is voluntary without there being any undue influence, coercion or threat from anybody. Accordingly, they pray to allow the petition.

4. Learned HCGP, however, has brought to the notice of this Court that the alleged offences are non-confoundable in nature.

5. The parties who are present before the Court are identified by their respective advocates. The joint memo and the affidavit of respondent no.2 filed in support of the joint memo is taken on record. The joint memo is signed by the parties and also by their respective advocates. In paragraph nos.1 to 3 of the joint memo, it is stated as follows:

“1) That, the victim's mother herein is the complainant and respondent no: 2 has filed a complaint against the petitioner/accused on the false allegation on one or the other reasons before Gadag Rural Police Station in Crime No:152/2021 for the offences punishable U/Sec. 376(2)(i), 113, 114, 506 of IPC along with 4, 6 and 17 of POCSO Act 2012, pending on the files of Hon'ble Additional District and Sessions Judge, At Gadag in SC. No.60/2021(POCSO). The dispute as aroused between the petitioner no. 1 and victim has been amicably settled in view of their marriage. Now petitioner no. 1 and victim have compromised the matter amicably and are willing to set aside their differences and stay as husband and wife. Hence in view of the same the petitioner has filed this petition quashing the further proceeding.

2) The petitioner no. 1 and the victim having married now and the pending case is acting as hinderance to their marital life. The above case being personal in nature, accordingly to facilitate compounding of the said offence alleged by the respondent no:2 against the petitioner herein the above-mentioned petition is filed.

3) The petitioner no.1 and victim being major want to live their lives as a married couple. Hence it is just and necessary to permit the petitioner and the victim to compound the said case instead of subjecting the petitioner to face the trial.”

6. In paragraph nos.4 and 5 of the affidavit filed by respondent no.2 - victim in the present case, it is stated as follows:

“4) I further state that, myself at the intervention of the well-wishers and the elde