IMPORTANT POINT
In view of settlement between parties, parties can be permitted to compound their offences.

ORDER

M. Nagaprasanna, J.—The petitioners are before this Court calling in question proceedings in Crime No.87 of 2022 registered for offences punishable under Sections 376, 384, 504, 506 read with Section 34 of the IPC.

2. Heard Sri D. Mohan Kumar, learned counsel appearing for the petitioner, Sri K.S. Abhijith, learned High Court Government Pleader for respondent No.1 and Sri K. Raghavendra Gowda, learned counsel appearing for the respondent No.2.

3. The facts are that the 2nd respondent is the complainant. On a complaint dated 16-02-2022 made by her FIR came to be registered 17-02-2022 for the offence punishable under Section 376 of the IPC against the petitioner No.1/accused No.1 and other offences against other accused. The issue is not with regard to the merit of the matter. During the pendency of these proceedings, the parties to the lis – petitioner No.1, the complainant and all other accused have entered into a settlement and have produced such settlement by way of an affidavit before this Court. A joint memo and an application under Section 483 read with Section 320 of the Cr.P.C. are also filed before the Court seeking to compound the offences alleged.

4. Since the offence punishable is one under Section 376 of the IPC, the learned High Court Government Pleader objects to quashing of proceedings against the petitioners on the ground of settlement arrived at between the parties.

5. The learned counsel for the petitioners’ places reliance upon several judgments rendered by the Apex Court, this Court as well as other High Court, in order to buttress his submission that a settlement arrived at even in case of offence punishable under Section 376 of the IPC, the proceedings can be terminated.

6. In the light of proceedings, where the allegation falling under Section 376 of the IPC are also made having been quashed on account of settlement, in my considered view, the present case also can be looked at in the same way.

7. The Apex Court in the case of Prashant Bhartiya v. State of Delhi, Crl.A.No.708 of 2021 decided on 30-07-2021, has held as follows:

“Leave granted.

We have heard learned counsel for the parties and considered the material on record.

Respondent No.2 had lodged a complaint alleging, inter alia, that the appellant had committed an offence under Section 376 of the Indian Penal Code. It is undisputed that both the accused (appellant) and respondent No.2 were living together for a considerable while. The complainant’s allegation is that the appellant duped her by misrepresenting to her that he is divorced. The complainant, according to the accused, is not unmarried and her marriage subsists.

During pendency of the proceedings, the parties were referred to mediation having regard to the fact that a child was born in the meanwhile (i.e., in the year 2018). As a consequence, a mediated settlement limited to the maintenance and upkeep of the child was arrived at by them.

Having regard to these facts and the submissions made on behalf of the complainant – who does not dispute that this may not be an appropriate case for pursuing the prosecution further, this Court is of the considered view that the criminal proceedings must be quashed.

In the peculiar circumstances of the present case, the impugned judgment of the High Court is set aside; the FIR (No.616) and all consequent proceedings be quashed. It is, however, made clear that this order will not come in the way or in any manner prejudice the contentions of the parties in any other pending proceedings, which shall be decided in accordance with law.

The appeal is allowed to the above extent.

Pending application, if any, stands disposed of.”

The Apex Court, again in the case of K. Dhandapani v. The State by The Inspector of Police, Crl.A.No.796 of 2022 decided on 9-05-2022, has held as follows:

“Leave granted.

The appellant who is the maternal uncle of the prosecutrix belongs to Valayar community, which is a most backward community in the State of