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.

JUDGMENT :

S. VISHWAJITH SHETTY, J.

1. The accused in Special Case No.822 of 2024 pending before the Court of Additional District and Sessions Judge – FTSC-1, Belagavi, arising out of Crime No.191 of 2024 registered by Kittur Police Station for offences punishable under Sections 6 4(2)(m) of the BNS , 2023 and Sections 4 and 6 of the POCSO ACT , is before this Court, with the prayer to quash the entire proceedings in the aforesaid case against him.

2. Heard the learned counsel appearing for the parties.

3. FIR in the present case was registered against the petitioner for the aforesaid offences by Kittur Police Station, Kittur Circle, Belagavi District based on first information dated 17.10.2024 received from respondent No.2, who is the mother of the victim girl, who is arrayed as respondent No.3 to this proceeding.

4. Learned counsels appearing on behalf of the petitioner and on behalf of respondent Nos.2 and 3 jointly submit that the dispute between the parties has been amicably settled at the intervention of the elders and well wishers of both the parties. The victim girl, who was aged about 17 years 6 months as on the date of registration of the FIR, has now attained the age of majority and the elders and the relatives of both the parties have decided to perform the marriage of the petitioner with the victim girl.

5. They submit that the family of the petitioner and the family of the victim girl are residing in adjacent houses and the pendency of this case has been causing serious hardship to the members of the family and they are not in a position to lead a normal life. They submit that the engagement ceremony of the petitioner with the victim girl was performed in the month of June-2024 itself.

6. They also submit that the parties have filed a joint application under Section 359 of BNSS, 2023, with a prayer to permit the parties to compound the offences and consequently to quash the proceedings.

7. Learned HCGP brings to the notice of this Court that the alleged offences are not compoundable in nature.

8. From the perusal of the material on record, it appears that the parties are acquainted to each other and they are living in the adjacent houses. In the first information as well as in the charge sheet, it is alleged that the petitioner aged about 24 years was pestering the victim girl aged 17 years 6 months to love and marry him. Subsequently, it was found that the victim girl was pregnant and after coming to know about the same, the first informant had approached the Police and based on her first information, FIR was registered against the petitioner. After completing the investigation, charge sheet has been filed against the petitioner for the aforesaid offences.

9. In the affidavit of respondent No.2, who is the mother of the victim girl, who has now attained the age of majority, in paragraph Nos.2 to 7, it is stated as follows:

“2. I state that, both respondent and petitioner families know to each other for many years, we both families had exchange words amongst ourselves to marry our children to each other and maintain a good relation.

3. I state that, accordingly in the month of June 2024, 3rd respondent and petitioner's engagement was solemnized, accordingly both victim girl (3rd respondent) and petitioner/accused used to meet each other and accompany together.

4. I state that, 2nd respondent was hauled by the 1st respondent and she was misguided by some people who forced to terminate pregnancy of 3rd respondent, further inflicted fear upon stating