- 1 - NC: 2025:KHC:9890 CRL.P No. 2358 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 2358 OF 2025 BETWEEN: SHRIKANTH N R S/O RAVANAPPA, AGED ABOUT 21 YEARS, RESIDING AT NAGARLU (NALLACHERUVU), PATHAPALYA HOBLI, BAGEPALLI TALUK, CHIKKABALLAPUR DISTRICT-561 212. …PETITIONER (BY SRI. SUBRAMANYA H.V., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY PATHAPALYA POLICE STATION, BAGEPALLI TALUK, CHIKKABALLAPUR DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 001. 2. KUMAR YESHWANTH REDDY S/O VENKATARAMA REDDY AND SHAMALAMMA, AGED ABOUT 13 YEARS, MINOR, REP. BY HIS NATURAL GUARDIAN AND MOTHER SMT. SHAMALAMMA W/O VENKATARAMA REDDY, AGED ABOUT 59 YEARS, RESIDING AT BOODILAPALLY VILLAGE, BAGEPALLI TALUK, CHIKKABALLAPUR DISTRICT-561 212. …RESPONDENTS (BY SRI. LAKSHMAN B., HCGP FOR R-1; SRI S. RAJU, ADVOCATE FOR R-2) Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9890 CRL.P No. 2358 of 2025 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE PROCEEDINGS IN CR.NO.78/2024 OF PATHAPALYA POLICE STATION PENDING ON THE FILE OF THE ADDL. SESSIONS JUDGE, FTSC-I (POCSO) AT CHIKKABALLAPUR FOR THE OFFENCES P/U/S 137(2) OF BNS 2023 AND SECTION 4(2) OF POCSO ACT AGAINST THE PETITIONER AND FURTHER ORDER TO RELEASE THE PETITIONER FORTHWITH FOR THE REASONS STATED ABOVE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner challenges the registration of the crime for the offences punishable under Section137(2) of BNS 2023 and Section 4(2) of POCSO. 2. The 2nd respondent lodged the FIR on 28.12.2024, stating that the petitioner-accused committed unnatural sex with the complainant who is the minor boy. 3. The father of the petitioner, victim boy and his mother are present before this Court, and have filed a joint affidavit stating that they have amicably resolved the dispute among themselves with the intervention of elders and well wishers. The respondent No.2 has agreed to withdraw all the allegation and has no objection for quashing the FIR lodged against the petitioner so as to prevent future hostility. 4. The joint affidavit is placed on record. 5. The alleged incident has taken place on 7.9.2024, and the impugned FIR was lodged on 28.12.2024. Except the - 3 - NC: 2025:KHC:9890 CRL.P No. 2358 of 2025 self serving statement of the 2nd respondent there is no eye witness nor there is medical report of the victim boy in order to substantiate the allegation against the petitioner. 6. Though the offences alleged against the petitioner is cognizable and non-compoundable, however, having regard to the fact that the parties have amicably resolved the dispute among themselves, it would be a futile exercise, if the petitioner-accused is subjected to trial, since the probability of his conviction is remote and bleak in view of the settlement. Therefore, the continuation of criminal proceedings will be an abuse of the process of law. Accordingly, I pass the following: ORDER i) The petition is allowed. ii) The impugned in FIR Crime No.78/2024, registered by the Pathapalya Police Station, and the impugned proceedings in Spl.S.C.No.27/2025 on the file of the Addl. District & Sessions Judge, FTSC-I (POCSO) at Chikkaballapur stands quashed. iii) Respondent No.1-the Jail Superintendent, Chikkaballapura is hereby directed to release the petitioner forthwith, if not required in any other cases. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR/List No.: 2 Sl No.: 16