Marriage and mutual consent can justify quashing non-compoundable offences under specific circumstances, emphasizing equitable relief.

ORAL ORDER

In this petition, petitioner seeks for the following relief:

“ (i) Quash the entire proceedings in Spl C. No.

102/2025 on the file of Additional District and Sessions Judge, FTSC-I, Chamarajanagara for the offences punishable under Sec. 64(2) (f) (m) of Bharatiya Nyaya Sanhita 2023 and under Sec. 4,6,8 of Protection of Children from Sexual Offences Act , 2012;

(ii) Pass such other order or orders as this Hon'ble Court deems fit to pass in the facts and circumstances of the case; in the interest of justice”.

2. Learned counsel for the petitioner – accused and learned counsel for respondents 2 and 3 – complainant and victim have filed an application I.A.1/2025 accompanied by Affidavits of petitioner and respondents 2 and 3 respectively, all dated 17.07.2025 duly signed by the petitioner, respondents 2 and 3 and their respective counsel and the same are taken on record.

3. Petitioner – accused, respondents 2 and 3 – complainant and victim and their respective counsel are physically present before the Court and they admit the contents of the aforesaid application I.A.1/2025, which reads as under:-

“APPLICATION FILED SEC 359 R/W SEC 528 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA 2023 The Petitioner, the Respondent No.2 and Respondent No. 3 respectfully submits as under:

1. It is humbly submitted that the Petitioner who is the accused in the trail court, has filed the above Criminal petition, with a prayer to quash the entire proceedings in Spl. C No.102/2025 pending before the Additional District and Sessions Judge, FTSC-I Chamarajanagara for offences punishable under Sec. 64(2) (f) (m) of Bharatiya Nyaya Sanhita 2023 and under Sec.4,6,8 of Protection of Children from Sexual Offences Act , 2012.

2. It is humbly submitted that the 1st Respondent-

Hanur Police has registered FIR in Crime No. 42/2025 against the petitioner for the offences punishable sec 64 (2) (f) (m) of Bharatiya Nyaya Sanhita 2023 and under Sec.4,6,8 of Protection of Children from Sexual Offences Act , 2012.

3. The Respondent No.3 is the victim and she attained the age of 18 years on 22/04/2025. She is competent compound the offences alleged in the charge sheet. The Petitioner/Accused and the victim/Respondent No.3 got married on 20/06/2025. The said marriage is registered as per the provisions of Hindu Marriage Act 1955. Considering the present situation and also in the interest and welfare of all the parties, it is just and necessary to quash the entire proceedings against the Petitioner. In view of compromise between the parties, the Respondent No.2/complainant and Respondent No.3/victim have no objection to quash the entire proceedings Spl. C. 102/2025 pending on the file of Hon'ble Additional District and Sessions Judge, FTSC-I, Chamarajanagara. The female child of the petitioner &

respondent No3 is 4 months old now.

4. It is humbly submitted that the offence under Sec.

64(2) (f) (m) of Bharatiya Nyaya Sanhita 2023 and under Sec.4,6,8 of Protection of Children from Sexual Offences Act , 2012 are non-compoundable in nature. But in view of the fact that the Petitioner/Accused and victim/ Respondent No.3 are married on 20/06/2025 and living together as husband and wife with their child, the Respondent No.2 and Respondent No. 3 have no objection for quashing the entire proceedings in Spl C.No.102/2025 pending on the file of FTSC-I Additional District Sessions and Judge, Chamarajanagara. In the facts and circumstances of the case, it is just and proper to permit the parties to compound the offences alleged against the Petitioner and to quash entire proceedings Spl.C No. 102/2025 otherwise parties will be put to great hardship.

WHEREFORE, the Petitioner, the Respondent No.2 and Respondent No.3 respectfully prays that this Hon'ble Court may be pleased to permit compounding of the offences alleged by prosecution and quash th