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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
S.VISHWAJITH SHETTY
Afridi Rafiq Ahmad Sarakavas – Appellant
Versus
State By Kittur PS, R/By High Court Govt. Pleader – Respondent
| Table of Content |
|---|
| 1. court acknowledges the ongoing case and the petitioner's request for quashing. (Para 1 , 2) |
| 2. details of the dispute and its amicable settlement are elaborated. (Para 3 , 4 , 5 , 6 , 8) |
| 3. concerns regarding the nature of accusations and willingness to settle are discussed. (Para 7 , 10) |
| 4. court references precedents on quashing non-compoundable offences. (Para 11 , 12 , 14) |
| 5. final order and justification for quashing the proceedings is articulated. (Para 15 , 16) |
JUDGMENT :
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.
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 respo
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 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 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 inherent power of the High Court under Section 482 of the Code of Criminal Procedure to quash criminal proceedings in appropriate cases where the offender and victim have settled their dispute, w....
The main legal point established in the judgment is that heinous crimes like rape, especially those under special statutes like the POCSO Act, cannot be quashed based on compromise, emphasizing the i....
The court can quash FIRs for non-compoundable offences if the parties have mutually settled their disputes, emphasizing the need for justice and preventing abuse of process.
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