Back
2025 Supreme(Kar) 1455
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
S.VISHWAJITH SHETTY, J.
Channabasappa S/o Sangappa Giriyal - Appellant
Versus
The State Of Karnataka - Respondent
Criminal Petition No. 102576 of 2025 (482(CR.PC)/528(BNSS))
Decided On : 22-08-2025
Important Points
Subject
Criminal Law - Sexual Offences
Act Referred
INDIAN PENAL CODE: S.34, S.376(2)(n)
PROHIBITION OF CHILD MARRIAGE ACT: S.10, S.11, S.9
PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT: S.4, S.6
Headnote
(B) Criminal Procedure Code - Section 482 - High Court's inherent powers - The court can quash non-compoundable offenses if it's in the interest of justice and parties agree to settle. Reference made to Gian Singh v. State of Punjab and Parbatbhai Ahir v. State of Gujarat jurisprudence. (Paras 10-12)
Facts of the case:
The accused filed under Section 482 to quash proceedings in a case involving sexual offences due to a marriage and settlement among parties including the victim. The child was born from this union. (Paras 3-9)
Findings of Court:
The settlement between parties is voluntary and serves the interest of justice, allowing for the quashing of proceedings due to the private nature of allegations and impact on family life. (Paras 11-13)
Issues: The court identified whether to quash proceedings for non-compoundable offences based on voluntary settlement and impact on family life.
Ratio Decidendi: Inherent powers under Section 482 can be exercised to quash proceedings if continuation causes hardship and justice is served by allowing settlement between parties.
Result: Criminal petition allowed; proceedings quashed.
For the Appellant :SRI. JAGADISH PATIL, ADVOCATE
For the Respondent:SMT. GIRIJA S. HIREMATH, SRI. VYAS DESAI, ADVOCATE
| Table of Content |
|---|
| 1. presence of non-compoundable offences in a petition. (Para 1 , 2) |
| 2. settlement between parties mitigating hardship. (Para 3 , 4 , 8) |
| 3. details of the application and marriage of parties. (Para 5 , 6 , 7) |
| 4. supreme court guidance on inherent powers under section 482. (Para 9 , 10 , 11) |
| 5. outcome of quashing proceedings in interest of justice. (Para 12 , 13) |
ORDER :
S.VISHWAJITH SHETTY, J.
1. Accused Nos.1 to 5 are before this Court under Section 4 82 of Cr.P.C., with a prayer to quash the entire proceedings in Special Case No.41 of 2025 pending before the Court of Additional District and Sessions Judge, FTSC- I, Belagavi, arising out of Crime No.238/2024 registered by Kittur Police Station, Belagavi district for offences punishable under Section 376(2)(n) read with Section 34 of IPC, Sections 4 and 6 of POCSO Act and Sections 9 , 10 and 11 of the Prohibition of Child Marriage Act.
2. Heard learned counsel for the parties.
3. Learned counsel for the petitioners and the learned counsel appearing for respondent No.3 who is the grandfather of the victim girl, jointly submit that dispute between the parties has been amicably settled at the intervention of elders and well-wishers of both parties. Accused No.1 and victim girl are married and they have a child from their wedlock. Pendency of the criminal case is causing serious hardship to the victim and her family members and also to the accused persons and they are not in a position to lead a normal life because of the pendency of the impugned proceedings. They have therefore decided to give quietus to the entire dispute. They submit that parties have filed application before this Court under Section 359 read with Section 528 of BNSS 2023 seeking permission of this Court to compound the alleged offences and consequently to quash the impugned proceedings.
4. Learned HCGP however brings to the notice of this Court that charge sheet has been filed for non compoundable offences.
5. The application filed by the petitioners under Section 359 read with Section 528 of BNSS 2023, is signed by the petitioners as well as by the victim girl. The said application is also signed by the advocate appearing for the petitioners. Application is supported by the affidavit of the victim girl who is aged 19 years. The petitioners, the victim and her grandfather are present before the Court. The parties who are present before the Court are identified by their respective advocates. The application filed under Section 359 read with 528 of the BNSS 2023, which is supported by the affidavit of the victim girl, is taken on record.
6. In paragraph Nos.3 to 8 of the said application, it is stated as follows:
“3. That the alleged incident is of 05/01/2024 and the complainant lodged a complaint before the Kittur P.S. registered in FIR Crime No.238/2024 dated 14/12/2024 for the offence punishable U/s 376(2)(n) R/w 34 of IPC section 4 and 6 of POCSO Act 2012 and section 9, 10 and 11 of Prohibition of Child Marriage Act, 2006.
4. It is submitted that the Investigation Officer has completed investigation and filed Charge sheet for the offences punishable U/s 376(2)(n) R/w 34 of IPC section 4 and 6 of POCSO Act 2012 and section 9, 10 and 11 of Prohibition of Child Marriage Act, 2006, and the trial court has taken cognizance for the offences punishable U/s 376(2)(n) R/w 34 of IPC section 4 and 6 of POCSO Act 2012 and section 9, 10 and 11 of Prohibition of Child Marriage Act, 2006.
5. It is submitted that, the petitioner No.1 is the husband, petitioner No.2 is the father-in-law, petitioner No.3 is the mother-in-law, petitioner No.4 is the father of the alleged victim and petitioner No.5 is the mother of the alleged victim.
6. It is submitted that, on going through the Birth Certificate of the victim the date of birth is mentioned as 16/01/2006 which has been issued by the Tahsildar, Bailhongal and as on the date of marriage she was 17 years 11 months 19 days.
7. That the marriage of victim and the petitioner No.1 h
