- 1 - NC: 2025:KHC:8757 WP No. 6085 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 6085 OF 2025 (GM-RES) BETWEEN: MOHAMMED WASIM S/O LT NISSAR AHMAD AGED ABOUT 24 YEARS PRESENTLY R/ATNO 430 A BLOCK 2ND CROSS BDA LAYOUT, LINGARAJPURAM BANGALORE 560033 …PETITIONER (BY SRI. VINAY BHAT.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY BANASWADI POLICE STATION REP BY SPP HIGH COURT KARNATAKA AT BANGALORE BENGALURU 560001 2. RAHIMA ASLAM W/O MOHAMMED WASIM AGED ABOUT 20 YEARS PRESENTLY R/AT NO 430, A BLOCK, 2ND CROSS BDA LAYOUT, LAINGARAJPURAM BANGALORE NORTH 560033 …RESPONDENTS (BY SRI. THEJESH P., HCGP FOR R1; SRI. MANJUNATH NAYAK, ADVOCATE FOR R2) Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:8757 WP No. 6085 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENTIRE PROCEEDINGS PENDING ON THE FILE OF HONBLE ADDL. CITY CIVIL AND SESSIONS JUDGE, FTSC-III, BANGALORE, IN SPL. C.C.NO. 1321/2024, INSOFAR AS THE PETITIONER HEREIN IS CONCERNED VIDE ANNX-D ; QUASH THE CHARGESHEET FILED AGAINST PETITIONER HEREIN BY BANASAWADI POLICE STATION FOR OFFENCES UNDER SECTION PUNISHABLE UNDER SEC 376(2)(N) OF IPC 1860 AND UNDER SECTIONS 4, 5(L) AND 6 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT 2012 AND UNDER SEC 9 OF CHILD MARRIAGE RESTRAINT ACT (ANNX-C). 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 reliefs:- “ (i) To quash the entire proceedings pending on the file of Hon'ble Additional City Civil and Sessions Judge, FTSC-III, Bangalore, in Spl.C.C.No.1321/2024, insofar as the Petitioner herein is concerned vide Annexure-D. (ii) Also to quash the chargesheet filed against Petitioners herein by the Banasawadi Police Station for offences under section punishable under section 376(2)(N) of IPC 1860 and under sections 4, 5(L) and 6 of Protection of Children from Sexual Offence Act 2012 and under section 9 of Child Marriage Restraint Act. [Annexure-C] ” - 3 - NC: 2025:KHC:8757 WP No. 6085 of 2025 2. Learned counsel for the petitioner – accused No.1 and learned counsel for 2nd respondent – complainant have filed an application under Section 320 read with Section 482 of Cr.P.C. along with a Joint Memo duly signed by the petitioner, 2nd respondent and their respective counsel and the same are taken on record. 3. Petitioner – accused No.1 and 2nd respondent are physically present before the Court and they admit the contents of the Joint Memo, which reads as under:- “1. It is submitted that, this application is filed seeking permission to compound the offences which are initiated against the Petitioner herein based on the complaint filed before the Respondent, Banasawadi Police Station, in Crime Number 321/2024, against the Petitioner herein, for an alleged offences punishable under section 376(2)(N) of IPC 1860 and under sections 4, 5(L) and 6 of Protection of Children from Sexual Offences Act 2012 and under section 9 of Child Marriage Restraint Act, which is presently pending on the file of Hon'ble Additional City Civil and Sessions Judge, FTSC-III, Bangalore, as Spl. C.C. 1321/2024. 2. It is submitted that, the Respondent No.2/victim is major and aged more than 18 years at the relevant time of alleged crime against petitioner herein. Furthermore, the Respondent No.2/victim in her statement recorded before learned Magistrate under Section 164 of Cr.P.C. disclosed that, she had married to Accused with her own volition and nobody has forced her for that. Meaning, thereby she did not impute any role to the Accused, neither in leaving of her house nor marrying the Accused. Furthermore the Respondent No.2/victim is of sufficient maturity and intellectual capacity to think for herself and make up her own mind at the time of alleged incident. - 4 - NC: 2025:KHC:8757 WP No. 6085 of 2025 3. It is further submitted that, in spite of having very clear knowledge of the statement of Respondent No.2/victim, which is recorded before learned Magistrate under Section 164 of Cr.P.C, the Respondent Police have proceeded to file the chargesheet against the Petitioner herein. Which clearly amounts to abuse of power vested with them. This information is also clearly in the knowledge of the Respondent Police before filing the chargesheet against the Petitioner herein. 4. It is submitted that, the medical experts after the medical examination of the Respondent No.2/victim, also could not able to provide the exact age of the Respondent No.2/victim in their final opinion. As per the medical experts the age of the Respondent No.2/victim is between 17 years to 19 years at the time of alleged crime. The benefit of doubt is always goes infavour of the Accused. 5. It is submitted that, now after release of the petitioner on bail by the trail court, the both Petitioner and Respondent No.2 are happily leading the married life along with their son, who is almost aged one year by now. Now both Petitioner and Respondent No.2 have to put efforts to give the better future for their son. 6. In view of the above facts and circumstances, both Petitioner and Respondent are wish to close the complaint which was registered against Petitioner herein who is the husband of Respondent No,2. The Respondent No.2 have no objection for quashing the proceedings against the Petitioner herein. 7. The Petitioner No.1 and the Respondent No.2, have understood the contents of this application and out of their free will, volition and without any fear, force, threat, or coercion, have affixed their signatures to this application. WHEREFORE it is prayed that, this Hon'ble Court kindly be pleased to quash the entire proceedings pending on the file of Hon'ble Additional City Civil and Sessions Judge, FTSC-III, Bangalore, in Spl.C.C. No 1321/2024 which is registered for offences under section punishable under section 376(2)(N) of IPC 1860 and under sections 4, 5(L) and 6 of Protection of Children from Sexual Offences Act 2012 and under section 9 of Child Marriage Restraint Act, - 5 - NC: 2025:KHC:8757 WP No. 6085 of 2025 against the is Petitioner herein, in the interest of justice and equity." 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 Joint Memo dated 28.02.2025. (ii) The proceedings in Spl.C.C.No.1321/2024 registered for the offences punishable under Section 376(2)(n) of IPC, Sections 4, 5(L) and 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 9 of the Child Marriage Restraint Act, pending on the file of the Additional City Civil and Sessions Judge, FTSC-III, Bengaluru, insofar as the petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE RB