- 1 - HC-KAR NC: 2025:KHC:22173 CRL.P No. 1621 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO.1621 OF 2024 BETWEEN: 1. MR. SHOAIB UR RAHMAN S/O. HABEEB UR REHAMAN AGED ABOUT 38 YEARS. 2. MR. SHAKEEB UR RAHMAN S/O. LATE HABEEB UR RAHMAN AGED ABOUT 45 YEARS BOTH ARE RESIDING AT NAGARATHNA, 3RD CROSS UDAYAGIRI EXTENSION HASSAN-573 201. …PETITIONERS (BY SRI RAKSHITH KUMAR, ADVOCATE FOR SRI MOHAMMED MOIN ULLA, ADVOCATE) AND: 1. STATE BY WOMEN POLICE HASSAN REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 001. 2. SMT. FOUZIYA JOHAR W/O. SHOAIB UR RAHMAN Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22173 CRL.P No. 1621 of 2024 D/O. JOHAR AHMED (KSRTC DRIVER) AGED ABOUT 24 YEARS RESIDING AT WARD NO.17 ILLAHII NAGAR PENSION MOHALLA HASSAN-573 201. …RESPONDENTS (BY SRI B.N. JAGADISH, ADDITIONAL SPP FOR R-1; R-2 SERVED-UNREPRESENTED) * * * THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CR.PC PRAYING TO QUASH THE ORDER DATED 12-1- 2024 PASSED ON DISCHARGE APPLICATION BY THE HON'BLE ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-1, HASSAN AS PER ANNEXURE-M AND CONSEQUENTLY, QUASH THE ENTIRE CRIMINAL PROCEEDING INITIATED AS AGAINST THE PETITIONERS/ACCUSED NO.1 AND 2 IN SPECIAL CASE NO.749 OF 2018, PENDING BEFORE THE HON'BLE ADDITIONAL DISTRICT AND SESSIONS, FTSC-1, AT HASSAN FOR THE OFFENCES PUNISHABLE UNDER SECTION 498A, 323, 376, 504 R/W SECTION 34 OF IPC AND SECTION 4 AND 6 OF POCSO ACT, 2012 AND SECTION 9, 10 AND 11 OF CHILD MARRIAGE RESTRAIN ACT. - 3 - HC-KAR NC: 2025:KHC:22173 CRL.P No. 1621 of 2024 THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court calling in question proceedings in Special Case No.749/2018 registered for offences punishable under Sections 498A, 323, 376, 504 read with 34 of the Indian Penal Code, 1860 ('the IPC' for short), Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 ('the POCSO Act' for short) and Sections 9, 10 and 11 of the Child Marriage Restraint Act. The petitioners are the husband and brother-in-law of the complainant. The marriage between the first petitioner and the complainant takes place on 26.08.2017 and the marriage certificate is said to have been issued by the Wakf Board confirming such marriage. On 08.02.2018, a complaint comes to be registered by the second respondent, which becomes a crime in crime No.141/2018 for the afore-quoted offences. A second crime then comes to be registered in crime No.77/2018 for several offences. The complaint so filed by the second respondent in - 4 - HC-KAR NC: 2025:KHC:22173 CRL.P No. 1621 of 2024 Crime No.141/2018 becomes the subject matter of the proceedings. The police conduct investigation and file a charge sheet against the petitioners and the parents of accused No.1. 2. Heard Shri Rakshith Kumar, learned counsel for Shri Mohammed Moin Ulla, learned counsel appearing for the petitioners and Shri B.N. Jagadish, learned Additional Special Public Prosecutor appearing for respondent No.1. 3. The learned counsel appearing for the petitioners submits that the parents of the complainant have been acquitted after a full bloom trial and a split charge sheet is drawn against these two petitioners. The learned counsel would further take this Court through the documents appended to the petition to demonstrate that the complainant herself has turned hostile. She has deposed that she has never registered any complaint. The learned counsel appearing for the Petitioner submits the reason for the complainant turning hostile is that she has already left the first petitioner, married someone else and is living peacefully and therefore, the complainant has turned hostile before the concerned Court. - 5 - HC-KAR NC: 2025:KHC:22173 CRL.P No. 1621 of 2024 4. The issue relates to the offence punishable under the POCSO Act along with the other offences of the IPC. The matter is at the stage of trial as a split charge is drawn against these petitioners. In that light, without going into the merit of the matter, I deem it appropriate to direct the concerned Court to dispose the proceedings, within an outer limit of eight weeks in the light of the fact that the proceedings are of the year 2018 and seven years have passed by. While so doing, all the contentions that the petitioners have raised in the subject petition are permitted to raise before the concerned Court at the appropriate stage and it is needless to observe that the concerned Court shall bear in mind all the submissions that are put forth by these petitioners before it, prior to taking the proceedings to its logical conclusion. 5. The learned counsel appearing for the petitioners submits that the bail bond is cancelled and the warrants are hanging on his head. 6. Till the conclusion of the proceedings, no coercive action shall be taken against petitioners unless situation warrants. The pending warrants against the petitioners stands - 6 - HC-KAR NC: 2025:KHC:22173 CRL.P No. 1621 of 2024 quashed. The petitioners shall execute a fresh bail bond before the concerned Court. 7. With the aforesaid observation, the petition stands disposed. JY List No.: 1 Sl No.: 31 Sd/- (M.NAGAPRASANNA) JUDGE