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.

ORDER :

S.VISHWAJITH SHETTY, J.

Accused in Spl.C.No.170/2022 pending before the Court of Additional District and Session Judge, FTSC, Belgaum, arising out of Crime No.119/2022 registered by Sankeshwar Police Station, for the offences punishable under Sections 363 , 376(1), 376(2)(N), 368, 201, 506 of IPC and Sections 4 , 6 and 17 of the POCSO Act is 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 him in the aforesaid case.

2. Heard the learned counsel for the parties.

3. Learned counsel for the parties submits that dispute between the parties has been amicably settled at the intervention of the elders and relatives of the parties. Victim girl has now married the petitioner and from the wedlock, the couple have a child. The marriage of the petitioner with the victim girl is registered before the Jurisdictional Office of Registrar of Marriages.

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4. They submit that victim girl has filed an affidavit before this Court with a prayer to quash the entire proceedings impugned as against petitioner, who is her husband. Learned HCGP brings to the notice of this Court that impugned proceedings are registered for non- compoundable offences. The respondent no.2, who is the mother of the victim girl, has remained unrepresented before this Court. The petitioner and the victim girl along with their child are present before this Court. The parties who are before this Court are identified by their respective advocates.

5. The victim girl has filed an affidavit before this Court and the same is taken on record. In paragraph nos. 1 to 6 of the affidavit, it is stated as follows:

“1. That I am the deponent herein and the alleged victim in the above-noted Criminal Petition. I am fully acquainted with the facts and circumstances of the case and hence competent to swear to this affidavit. The contents of this affidavit have been read over and explained to me in Kannada language, which I fully understood, and thereafter I am voluntarily affirming the same.

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2. That I state that the Petitioner/Accused No. 1 has preferred the present Criminal Petition before this Hon'ble Court seeking quashing of the entire proceedings in Special Case No.170/2022 (arising out of Crime No.119/2022), which have been initiated against him for the alleged offences punishable under Sections 363 , 376(1), 376(2)(n), 368, 201, 506 of the INDIAN PENAL CODE , 1860, and Sections 4 , 6 and 17 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) insofar as they relate to Accused No. 1.

3. That I most respectfully submit that there was no element of force, coercion or inducement in my relationship with Accused No. 1. On the contrary, myself and Accused No. 1 developed mutual affection and love for each other over a period of time, and we voluntarily decided to get married. Our marriage was duly solemnized and registered under the provisions of the Hindu Marriage Act on 04.07.2025, at which point of time I was 18 years of age and the Accused No. 1 was 21 years and 5 months.

4. That pursuant to our marital relationship, a male child was born to us on 09.04.2024. The Marriage Registration Certificate as well as the Birth Certificate of the child are already produced before this Hon'ble Court along with the criminal petition, in proof of the fact that we are leading a legally wedded and stable family life.

5. That I state that at present I am happily married to Accused No. 1, and we are residing together as husband and wife. He has been taking care of me and our child with utmost affection and responsibility. There exists no grievance or complaint on my part against him. On