Back
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
S.VISHWAJITH SHETTY
Channabasappa S/o Sangappa Giriyal – Appellant
Versus
State Of Karnataka – Respondent
| 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-w
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.
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 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.
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 in exercise of its inherent powers under Section 482 of the Cr.P.C. even if the offences are non-compoundable, especially when the parties have amicably ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
