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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
S.VISHWAJITH SHETTY
Channabasappa S/o Sangappa Giriyal – Appellant
Versus
State Of Karnataka – Respondent
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 q
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 ....
The court can exercise its power under Section 482 to quash criminal proceedings even in non-compoundable offences if the parties have amicably settled their disputes, preventing abuse of the legal p....
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