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2025 Supreme(Online)(KAR) 3017

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.R.KRISHNA KUMAR, J
Javeed Rafiq, S/o Rafiq, – Appellant
Versus
State Of Karnataka – Respondent
CRIMINAL PETITION NO. 6976 OF 2024 (482(Cr.PC) / 528(BNSS) C/W CRIMINAL PETITION NO. 6980 OF 2024 CRIMINAL PETITION NO. 11714 OF 2024



Advocates:
Advocate Appeared:
For the Appellant :SRI. AFROZ PASHA, ADVOCATE
For the Respondent: SMT. WAHEEDA M.M., HCGP FOR R1 SRI. IMRAN G., ADV. FOR R2

Mutual consent and settlement between parties can lead to quashing of criminal proceedings under Section 320 of CrPC, especially in personal disputes.

Headnote:(A) Protection of Children from Sexual Offences Act, 2012 - Sections 6 and 17 - Indian Penal Code, 1860 - Sections 363, 342, 376, 343, 366(A) - Child Marriage Restraint Act - Section 9 - Petitions filed to quash proceedings for alleged offences under IPC and POCSO Act - Joint Affidavit submitted indicating compromise between parties, including marriage and birth of child - Court quashed proceedings based on mutual settlement. (Paras 5, 6, 7)

(B) Compounding of Offences - Under Section 320 of CrPC, parties may compound offences with the court's permission, especially in cases involving personal disputes and mutual consent. (Paras 5, 6)

Facts of the case:
The petitioners sought to quash criminal proceedings against them for alleged offences under IPC and POCSO Act, citing a joint affidavit indicating that the petitioner married the complainant's daughter and they have a child together.

Findings of Court:
The court accepted the joint affidavit and found that the parties had settled their disputes amicably, allowing the quashing of the proceedings.

Issues: The main issue was whether the proceedings could be quashed based on the mutual settlement between the parties.

Ratio Decidendi: The court held that the mutual consent of the parties and the nature of the offences allowed for the quashing of proceedings under Section 320 of CrPC, emphasizing the importance of personal resolution in such cases.

Result: Petitions allowed and proceedings quashed.

ORAL ORDER

In Crl.P.No.6976/2024, petitioner has sought for the following reliefs:-

“Wherefore, the Petitioner most respectfully prays that, this Hon’ble Court may be pleased to quash the entire proceedings in Spl.C.No.680/2022 (Crime No.150/2022) for alleged offences punishable under section 6 and 17 of Protection of Children from the sexual offences act 2012 and Section 363 , 342 , 376 of IPC , registered and charged sheeted by the respondent police i.e., Hebbagodi Police Station Judge FTSC-III, Bengaluru rural District at Bengaluru in the interest of justice and equity.”

2. In Crl.P.No.6980/2024, petitioners have sought for the following reliefs:-

“Wherefore, the Petitioners most respectfully prays that, this Hon’ble Court may be pleased to quash the FIR in Cr.No.421/2023 for alleged offences punishable under section 343, 363, 366(a), 376 of IPC R/w 4, 5(l) and 6 of POCSO R/w section 9 of Child Marriage act, registered by the respondent police i.e., Hebbagodi Police station pending on the file of Hon’ble Additional District and Sessions Judge, FTSC-III, Bengaluru rural District at Bengaluru in the interest of justice and equity.”

3. In Crl.P.No.11714/2024, petitioner has sought for the following relief:-

“Wherefore, the Petitioner most respectfully prays that, this Hon’ble Court may be pleased to quash the entire proceedings in Cr.No.421/2023 for alleged offences punishable under section 343 , 366(A) , 376 of IPC R/w 4, 5(L) & 6 POCSO R/w Section 9 of Child Marriage act, registered by the respondent police, i.e., Hebbagodi Police station pending on the file Hon’ble Additional District and Sessions Judge, FTSC-III, Bengaluru rural District at Bengaluru in the interest of justice and equity.”

4. In these petitions, learned counsel for the petitioners and learned counsel for respondent No.2 – complainant have filed a Joint Affidavits dated 20.02.2025 duly signed by the petitioners, 2nd respondent and their respective counsel and the same are taken on record.

5. In Crl.P.No.6976/2024, petitioner – accused, respondent No.2 and their respective counsel are physically present before the Court and they admit the contents of the Joint Affidavit dated 20.02.2025, which reads as under:-

“JOINT AFFIDAVIT

“I Javeed Rafiq @ Javeed Rafeek S/o Rafiq, Aged about 22 years, Residing at Kaliyammal Tent House Bismillah nagar, Havalpalli Dam Road, Hosuru Town, Hosuru taluk, Krishnagiri District, Krishnagiri, Tamilnadu – 635109 and Syed Saleem S/o late Syed Shabbir, aged about 43 years No.372, Lathif Building near Mekka Masjid, akbarnagar, Shikaripalya, Jigani, Anekal Taluq, Bengaluru – 560100 do hereby solemnly affirm and state on oath as follow.

1. I Javeed Rafiq @ Javeed Rafeek, accused/petitioner in the above case and I am fully conversant with the facts of the case and I have filed the above petition for the quashing the entire proceedings in Spl.C.No.680/2022 and I am swearing to this affidavit on behalf.

2. I Syed Saleem I am the complainant in the above case and I am fully conversant with the facts of the case and I am swearing to this affidavit.

3. We submit that, we have filed an application u/s 320(2) CRPS to compound the offences in the above criminal petition.

4. I Syed Saleem submit that, the above petitioner got married to my daughter on 28.10.2023 and they both are having a baby girl born on 16.06.2024 and they have living happily.

5. We submit that, we have settled our disputes and matter has been compromised between us in the presence of the well-wisher.

6. We submit that, we have settled our disputes with own will and wish without any influence or force.

What is stated above is true and correct to the best of my knowledge, information and belief.

Wherefore, it is most respectfully prayed that this Hon’ble may please to:

1. Allow application filed u/s 320 of CRPC and permit the parties compound the offences.

2. Pleased to quash the entire proceedings in SPl.C.No.680/2022 (Crime No.150/2022) offences punishable u/s 363, 342 , 376 of IPC and Sec

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