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2025 DAILYLAW 17482 (KAR)

MR.SRIDHAR K S v. STATE OF KARNATAKA

CRL.P/2157/2025 · 2025-02-18

S R Krishna Kumar

body2025

Judgment text

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- 1 - NC: 2025:KHC:7753 CRL.P No. 2157 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 2157 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: MR.SRIDHAR K S S/O SRINIVASAPPA @ SRINIVASA, AGED ABOUT 26 YEARS, R/AT KUNTACHIKKANAHALLI VILLAGE, THONDEBAVI HOBLI, GOUWRIBIDANUR TALUK, CHIKKABALLAPURA DISTRICT - 562 101. …PETITIONER (BY SRI. KUMARA K G.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY MANCHENAHALLI POLICE STATION, CHIKKABALLAPURA REPBY SPP, HIGH COURT BUILDING, BENGALURU – 560 001. 2. MR VENKATEGOWDA R K FATHER NAME NOT KNOWN, AGED MAJOR, GOVERNMENT OFFICIAL, CDPO OFFICE, GOWRIBIDANURU TOWN, CHIKKABALLAPURA DISTRICT – 562 101. …RESPONDENTS (BY SRI. THEJESH.P, HCGP FOR R-1 SRI. H.V. KRISHNAMURTHY, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN SPL.S.C.NO.61/2022 (CR.NO.86/2021 OF MANCHENAHALLI PS.) PENDING ON THE FILE OF THE HONBLE ADDL.DISTRICT AND SESSIONS JUDGE, FTSC-1 CHIKKABALLAPURA FOR THE OFFENCE P/U/S 366,376(2)(n) OF IPC AND SEC.5(J)(II) AND 6 OF POCSO ACT 2012 AND OFFENCE P/U/S 9 OF PROHIBITION OF CHILD MARRIAGE ACT. Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:7753 CRL.P No. 2157 of 2025 THIS PETITION, COMING ON FOR ORDERS, 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:- “ i) Quash the entire proceedings in Spl.SC No.61/2022 (Crime No.86/2021 of Manchenahalli Police Station) pending on the file of the Hon’ble Addl. District and Sessions Judge, FTSC-1 Chikkaballapur for offences punishable under Sections 366, 376 (2)(n) of IPC, Section 5(J)(II) and 6 of POCSO Act 2012 and offence punishable under Section 9, of Prohibition of Child Marriage Act, 2006, and ii) Grant such other relief or reliefs as this Hon’ble Court deems fit to grant in the circumstances of the case, in the ends of justice.” 2. Learned counsel for the petitioner – accused and learned counsel for 2nd respondent – complainant have filed a Joint application - I.A.No.1/2025 along with joint affidavit duly signed by the petitioner, 2nd respondent and their respective counsel and the same is taken on record. - 3 - NC: 2025:KHC:7753 CRL.P No. 2157 of 2025 3. Petitioner – accused, respondent No.2 and their counsel are physically present before the Court and they admit the contents of the Joint application - I.A.No.1/2025 along with joint affidavit which reads as under:- “I.A.No.1/2025 APPLICATION UNDER SECTION 320 R/W SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE The petitioner and Vicitm Girl jointly submit before this hon'ble court as follows: 1. The respondent No.2 has lodged a complaint before the respondent No.1 police against the petitioner herein which came to be registered as Crime No.86/2021 and further charge sheet was filed against the petitioner in Spl.SC No.61/2022 (Crime No.86/2021 of Manchenahalli PS) pending on the file of the HONBLE ADDL.DISTRICT AND SESSIONS JUDGE, FTSC-1 CHKKABALLAPUR for offences punishable under sections 366,376 (2)(n) of IPC, section 5(J)(II) and 6 of POCSO Act 2012 and offence punishable under section 9, of Prohibition of Child Marriage Act, 2006. 2. The petitioner and victim girl submit that, at the intervention of well-wishers the petitioner and victim girl, got marriage and they gave birth to a girl baby and they are intending to compound the case and the victim girl is not - 4 - NC: 2025:KHC:7753 CRL.P No. 2157 of 2025 intending to proceed further with the case against the petitioner. 3. The petitioner have collectively taken the responsibility to take utmost care of the victim girl who attained majority now and look after her and daughter with utmost love and affection. The victim girl is also willing to live with her husband the Petitioner and her in-laws in their house going forward and the victim girl and Petitioner got married and their marriage also registered. 4. There has been a lot of changes in the circumstances from the date on which the complaint was filed to this day and the circumstances now warrant that the petitioner and the victim girl lead a happy married life with the permission of this Hon'ble court. 5. The victim girl submit that, there is no coercion or compulsion on her to compound the offences and on his own free will agreed to compound the case. Hence this application seeking kind permission of this Hon'ble court to compound the offences. WHEREFORE, this Hon'ble court be pleased to accord permission to compound the proceedings Spl.SC No.61/2022 (Crime No.86/2021 of Manchenahalli PS) pending on the file of the HONBLE ADDL.DISTRICT AND SESSIONS JUDGE, FTSC-1 CHKKABALLAPUR for offences punishable under sections 366,376 (2)(n) of IPC, section 5(J)(II) and 6 of POCSO Act 2012 and offence - 5 - NC: 2025:KHC:7753 CRL.P No. 2157 of 2025 punishable under section 9, of Prohibition of Child Marriage Act, 2006 and consequently be pleased to allow the main petition filed under section 482 of Cr.P.C as prayed for therein in the interest of justice and equity. JOINT AFFIDAVIT WE, Mr.Sridhar KS S/o Srinivasappa @ srinivasa aged about 26 years, R/at Kuntachikkanahalli Village, Thondebavi hobli, Gowribidanur taluk, Chikkaballapura Distict 562101 and Victim girl D/o Narasegowda, W/o Mr.Sridhar KS, aged about 20 years, Residing at R/at Kuntachikkanahalli Village, Thondebavi Hobli, Gouwribidanur Taluk, Chikkaballapura District- 562101, Now at Bengaluru do hereby solemnly affirm and state as follows: 1. We are the petitioner and Victim Girl in the above petition. We know the facts of the case. 2. The statements made in the paragraphs 1 to 5 of the accompanying application are true and correct to the best of our knowledge, information and belief and nothing has been concealed nor misrepresented, hence we do hereby swear accordingly and this is our name and signatures. 3. I Victim girl have no objections to quash the proceedings in Spl.SC No.61/2022 (Crime No.86/2021 of Manchenahalli PS) pending on the file of the HONBLE ADDL.DISTRICT AND SESSIONS JUDGE, FTSC-1 CHKKABALLAPUR for_offences punishable under sections - 6 - NC: 2025:KHC:7753 CRL.P No. 2157 of 2025 366,376 (2)(n) of IPC, section 5(J)(II) and 6 of POCSO Act 2012 and offence punishable under section 9, of Prohibition of Child Marriage Act, 2006. We, the deponents above named, do hereby declare that this is our names and signature and the contents of this affidavit are true and correct.” 4. In view of the aforesaid settlement entered into between the petitioner and 2nd respondent, I pass the following: ORDER (i) The petition is disposed of in terms of I.A.No.1/2025 duly accompanying joint affidavit dated 14.02.2025 (ii) The proceedings in Spl C.C.No.61/2022 (arising out of Crime No.86/2021 of 1st respondent – Police) registered for the offences punishable under Sections 366, 376 (2) (n) of IPC, Section 5(J) (II) and 6 of POCSO Act 2012 and Section 9 of Prohibition of Child Marriage Act, 2006 pending on the file of Additional District and Sessions Judge, FTSC-1, Chikkaballapura, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 90