Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:7590 CRL.P No. 337 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.337 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN:
SRI. REDDAPPA AGED ABOUT 24 YEARS, S/O. VENKATARAMANA, R/AT GOWDATHATHAGODDA VILLAGE, LAKSHMIPURA POST, NELVANKI, SRINIVASAPURA TALUK, KOLAR DISTRICT – 563 134. …PETITIONER (BY SRI. MANJUNATHA A.C., ADVOCATE) AND:
1.
STATE OF KARNATAKA
BY PAATAPALYA POLICE STATION, CHELUR CIRCLE, CHIKKABALLAPURA – 561 212, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU – 560 001.
2.
SRI. NARAYANAPPA AGED ABOUT 67 YEARS, S/O. LATE MUNIYAPPA, R/AT DODDIVARIPALLI VILLAGE, BAGEPALLI TALUK, CHIKKABALLAPURA DISTRICT. …RESPONDENTS (BY SRI. THEJESH, HCGP FOR R-1;
SRI. SHEKARAPPA, ADVOCATE FOR R-2)
Digitally signed by CHANDANA B M Location: High Court of Karnataka
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NC: 2025:KHC:7590 CRL.P No. 337 of 2025
THIS CRL.P. IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN SPL.S.C.NO.121/2023 (CRIME NO.71/2023) PENDING ON THE FILE OF THE LEARNED ADDL. DISTRICT AND SESSIONS JUDGE, FAST TRACK SPECIAL COURT – I [POCSO] AT CHIKKABALLAPURA FOR ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 363, 343, 376(3) OF THE I.P.C AND UNDER SECTIONS 4 AND 6 OF THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012 AND UNDER SECTION 196 OF THE INDIAN MOTOR VEHICLES ACT, 1988, REGISTERED BY THE 1ST RESPONDENT PAATAPALYA POLICE STATION VIDE ANNEXURE – A.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER In this petition, petitioner has sought for the following relief:-
“Wherefore, the petitioner most humbly pray that this Hon’ble Court be pleased to call for the entire records and quash the entire proceedings in Spl.S.C.No.121/2023 (Crime No.71/2023) pending on the file of the learned Additional District and Sessions Judge, Fast Track Special Court – I (POCSO) at Chikkaballapura for alleged offence punishable under Sections 363, 343, 376(3) of the I.P.C. and under Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 and under Section 196 of the Indian Motor Vehicles Act, 1988, registered by the 1st Respondent Paatapalya Police Station vide Annexure-‘A’ and grant such other relief or reliefs as this Hon’ble Court deems fit to grant in the facts and circumstances of the case, in the interest of justice.”
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NC: 2025:KHC:7590 CRL.P No. 337 of 2025
2.
Learned counsel for the petitioner – accused has filed an application under Section 320(2) of the Code of Criminal Procedure along with the affidavit dated 19.02.2025 and learned counsel for respondent No.2-complainant has also filed an affidavit dated 19.02.2025 duly signed by the petitioner, respondent No.2 and their respective counsel and the same are taken on record. 3. Petitioner – accused and respondent No.2 are physically present before the Court along with their respective counsel and they admit the contents of the aforesaid application dated 19.02.2025 and two affidavits dated 19.02.2025, which read as under:-
“APPLICATION UNDER SECTION 320(2) OF THE CODE OF CRIMINAL PROCEDURE That, for the reasons stated in and swear to in the accompanying affidavit the Respondent No.2 herein most respectfully prays that this Hon’ble Court may be pleased to accord permission to compound the offence punishable under Section 363, 343, 376(3) of the I.P.C and under Section 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 and under Section 196 of the Indian Motor Vehicles Act, 1968 in Spl.S.C.No.121/2023 (in Crime No.71/2023) registered by the 1st respondent Paatapalya Police Station, pending on the file of the Addl. Sessions
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NC: 2025:KHC:7590 CRL.P No. 337 of 2025
Judge, Fast Track Special Court – I (POCSO), at Chikkaballapura, to meet the ends of justice. AFFIDAVIT I, Narayanappa S/o. Late. Muniyappa, Aged about 65 years, residing at, Doddivaripalli Village, Bagepalil Taluk, Chikkaballapura Dist - 560 212, Now at Bengaluru, do hereby state as follows:-
1. I am conversant with the facts of the case and I am swearing this affidavit as hereunder. 2. I swear that, on the basis of my complaint the Respondent No.1 herein has registered a case in Crime No. 71/2023 for the offence punishable under section 363 of the I.P.C.
3. I swear that, after the investigation the 1st respondent field a charge sheet before the learned Addl., Sessions Judge, Fast Track Special Court I [POCSO], At Chikkaballapura in Spl.S.C.No. 121/2023 for the offence under section 363, 343, 376(3) of the I.P.C and under section 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 and under section 196 of the Indian Motor Vehicles Act, 1988. 4. I swear that, in view of the Intervention of elders and well wishers of our respective family members.
We settled our disputes as such they said case filed by me may be quashed against this petitioner. 5. I swear that, in order to preserve the precious time of the trail court this affidavit is filed to quash the proceedings
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NC: 2025:KHC:7590 CRL.P No. 337 of 2025
in Spl.S.C.No.121/2023 (in Crime No. 71/2023) pending before the learned Addl., Sessions Judge, Fast Track Special Court I [POCSO], At Chikkaballapura for the offence punishable under Section 363, 343, 376(3) of the I.P.C and under section 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 and under section 196 of the Indian Motor Vehicles Act, 1988. 6. I swear that, I had filed this affidavit on my own and will and consent without compulsion or pressure from any one. WHEREFORE, this affidavit may be taken on record and proceedings Spl.S.C. No. 121/2023 (in Crime No.71/2023) for the offence punishable under Section 363, 343, 376(3) of the I.P.C and under section 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 and under section 196 of the Indian Motor Vehicles Act, 1988, registered by the 1st respondent Paatapalya Police Station, Chikkaballapura District, now pending on the file of the learned Addl., Sessions Judge, Fast Track Special Court - I [POCSO], At Chikkaballapura be quash, in the interest of justice. I, the deponent do hereby verify and declare that what is stated above are true and correct to the best of my knowledge, Information and belief.” AFFIDAVIT I, Reddappa, S/o. Venkataramana, Aged about 24 years, R/at, Gowdathathagodda Village, Lakshmipura Post,
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NC: 2025:KHC:7590 CRL.P No. 337 of 2025
Nelvanki, Srinivasapura Taluk, Kolar District - 563 134, Now at Bengaluru, do hereby state as follows:-
1. I swear that, I am the petitioner, in the above case and I know the facts of the case, I am deposing to. 2. I swear that, the 2nd respondent herein has filed a case in Crime No.71/2023 before the Respondent No.1 Paatapalya Police Station for the offence punishable under section 363 of the I.P.C now pending on the file of the learned Addl., Sessions Judge, Fast Track Special Court - I [POCSO], At Chikkaballapura. 3.
I swear that, after the investigation the 1st respondent filed a charge sheet before the learned Addl., Sessions Judge, Fast Track Special Court I [POCSO], At Chikkaballapura in Spl.S.C.No.121/2023 for the offence under section 363, 343, 376(3) of the I.P.C and under section 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 and under section 196 of the Indian Motor Vehicles Act, 1988, during the course of these proceedings at the intervention of the elders and well wishers of respective family the dispute between me and the 2nd respondent were settled. 4. I swear that, in view of compromise between me and 2nd respondent herein, he is not interest to prosecute the Criminal Case pending before the trail court in order to preserve the precious time of the trail court the above accompanying application is filed by the 2nd respondent to quash the entire proceedings in Spl. S. C. No. 121/2023 for the offence under section 363, 343, 376(3) of the I.P.C and
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NC: 2025:KHC:7590 CRL.P No. 337 of 2025
under section 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 and under section 196 of the Indian Motor Vehicles Act, 1988., pending before the learned Addl., Sessions Judge, Fast Track Special Court I [POCSO], At Chikkaballapura. Hence, this affidavit. 5. I swear that, I have not filed any other application for the similar relief before this Hon'ble Court along with main petition. 6. I swear that, the affidavit filed with my true and will and consent without any pressure or corrosion. 7. I swear that, if the affidavit allowed no hard ship would caused to Respondent, contrary if rejected I will be put to grate hardship and inconvenience and injustice.
WHEREFORE, I pray that this Hon'ble Court may be pleased to quash the entire proceedings in Spl.S.C.No. 121/2023 (in Crime No. 71/2023) for the offence under section 363, 343, 376(3) of the I.P.C and under section 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 and under section 196 of the Indian Motor Vehicles Act, 1988., pending before the learned Addl., Sessions Judge, Fast Track Special Court - I [POCSO), At Chikkaballapura, in the interest of justice. I, the deponent do hereby verify and declare that what is stated above are true and correct to the best of my knowledge, information and belief. - 8 -
NC: 2025:KHC:7590 CRL.P No. 337 of 2025
4. In view of the aforesaid settlement entered into between the petitioner and respondent No.2, I pass the following:
ORDER
(i) The petition is disposed of in terms of Affidavits filed by the petitioner and respondent No.2 dated 19.02.2025.
(ii) The proceedings in Spl.S.C.No.121/2023 (arising out of Crime No.71/2023 of 1st respondent – Police) registered for the offences punishable under Sections 363, 343, 376(3) of the IPC and under Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 and under Section 196 of the Indian Motor Vehicles Act, 1988, pending on the file of Additional District and Sessions Judge, Fast Track, Special Court-I (POCSO) Act, Chikkaballapura, insofar as the petitioner is concerned are hereby quashed.
Sd/- (S.R.KRISHNA KUMAR) JUDGE
BMC List No.: 2 Sl No.: 35