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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
S.VISHWAJITH SHETTY
Mahantesh S/o Raju Naik – Appellant
Versus
State Of Karnataka – Respondent
| Table of Content |
|---|
| 1. amicable settlement post-marriage. (Para 1 , 3 , 4 , 5) |
| 2. high court's inherent powers for quashing. (Para 6 , 8) |
| 3. quashing proceedings for settlement considerations. (Para 7) |
| 4. factors for quashing non-compoundable offences. (Para 9 , 10) |
| 5. final order to quash proceedings. (Para 11) |
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 registere
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 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 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 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 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 court can quash non-compoundable criminal proceedings in light of a mutual settlement and marriage between the parties, focusing on justice and personal circumstances.
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.
Compromise between parties in non-compoundable criminal cases can satisfy interests of justice and lead to quashing proceedings when there is minimal chance of conviction.
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