The High Court can quash non-compoundable offences under section 482 of Cr.P.C. when the parties have amicably settled and justice necessitates it.

(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)

Petitioner in S.C. No.38/2025 pending before the Court of Additional District and Sessions Judge, Gadag, arising out of Crime No.9/2025 registered by Gajendragad Police Station, for the offences punishable under Section 6 4 (2) of BNS 2023 and Sections 4 and 6 of POCSO Act 2012, is before this Court under Section 528 of Bharatiya Nagarik Suraksha Sanhita , 2023 with a prayer to quash the entire proceedings as against him in the aforesaid case.

2. Heard the learned counsel for the parties.

3. Learned counsel for the petitioner and learned counsel for respondent No.2 jointly submit that the dispute between the parties has been amicably settled at the intervention of elders and well-wishers of both the parties. The petitioner and the victim girl, who were in love, have now got married on 27.07.2025 and they are living together as husband and wife. Marriage of the petitioner with the victim girl has been registered before the Office of the Registrar of Marriages, Dharwad and marriage registration certificate is also enclosed along with the application filed by the parties seeking permission of this Court to compound the alleged offences. They submit that pendency of the case has been causing hardship to the parties and their relatives and the newly married couple are not in a position to lead happy married life. Accordingly, they pray to allow the petition.

4. Per contra, learned HCGP has brought to the notice of this Court that charge sheet has been filed in the present case for non-compoundable offences.

5. The petitioner and the victim girl are present before the Court in person and they are identified by their respective advocates. Application filed by the parties, which is signed by the petitioner and respondent no.2 who is the mother of the victim girl and also by their learned advocates is taken on record. Along with the said application, Adhar Card of the victim girl and also the certificate of registration of the marriage between petitioner and the victim girl is also enclosed. The same is taken on record. In paragraph nos.6 and 7 of the application, it is stated as follows:

“6. At the intervention and advises of the elders and well-wishers and also as per the will and wish of the victim, the petitioner and victim were married on 27/07/2025. The Petitioner and Victim are now residing as husband and wife. Hence, to lead happy and peaceful marital life, the parties intended to close the dispute.

7. It is submitted that, in the present petition the Petitioner prayed to quash the proceedings in Crime No.09/2025 before Gajendragad PS which is registered as SC No.38/2025 pending on the file of Addl. District and Sessions Judge, Gadag, At: Gadag, for offences punishable under Section 6 4 (2) of BNS-2023 and Sections 4 and 6 of POCSO Act-2012.”

6. The parties who are before this Court have stated that dispute between the parties has been amicably settled and the petitioner and the victim girl are married. The settlement between the parties is voluntary without there being any coercion or undue influence.

7. The Hon'ble Supreme Court in the case ofGIAN SINGH Vs. STATE OF PUNJAB , [(2012) 10 SCC 303] has held that power under Section 482 of Cr.P.C. is required to be exercised to secure the ends of justice and to prevent abuse of process of Court and these powers can be exercised to quash the legal proceedings or complaint or FIR in appropriate cases where the parties have settled their dispute and for that purpose any definite category of offence cannot be prescribed. In the case ofPARBATBHAI AAHIR Vs. STATE OF GUJARAT, [(2017) 9 SCC 641] the Hon'ble Supreme Court has observed that the powers under Section 482 of Cr.P.C. are not restricted by the provisions outlined under Section 320 of Cr.P.C., which m