- 1 - NC: 2025:KHC:11413 CRL.P No. 3723 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 3723 OF 2025 BETWEEN: RAJESH S/O R. NAGARAJAPPA AGED ABOUT 28 YEARS, R/AT. MIDDILU VILLAGE, D-PALYA HOBLI, GOWRIBIDANUR TALUK, CHIKKBALLAPUR DISTRICT. …PETITIONER (BY SRI. VARUN JAYAKUMAR PATIL, ADVOCATE) AND: 1. STATE OF KARNATAKA MANCHENAHALLI POLICE STATION, CHIKKBALLAPUR R/P BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 001. 2. SMT. MALLIKA N, W/O. RAJESH, AGED ABOUT 18 YEARS, RESIDING AT MIDDILU VILLAGE, D-PALYA HOBLI, GOWRIBIDANUR TALUK CHIKKABALLAPUR DISTRICT BENGALURU-560 004. …RESPONDENTS (BY SRI. ANOP KUMAR M.V., HCGP FOR R-1; SRI. S.M. IBRAZ, ADVOCATE FOR R-2) Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka - 2 - NC: 2025:KHC:11413 CRL.P No. 3723 of 2025 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR NO.0001/2024 AND PROCEEDINGS IN SPL.S.C.NO.60/2024 FILED BY THE 1ST RESPONDENT MANCHENAHALLI POLICE FOR THE OFFENCE P/U/S 376(2)(n) OF IPC AND SECTION 5(j)(ii), 5(n), 6 OF POCSO ACT AND SECTION 9 OF THE PROHIBITION OF CHILD MARRIAGE ACT AND FURTHER PLEASE TO QUASH THE FURTHER PROCEEDINGS PENDING ON THE FILE OF ADDL. DIST. AND SESSIONS JUDGE, FTSC-I CHIKKABALLAPURA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER Learned High Court Government Pleader accepts notice for respondent No.1-State. Sri S.M. Ibraz, learned counsel files power on behalf of respondent No.2. The same is taken on record. 2. The petitioner-accused who is facing trial for the offence punishable under Section 376(2)(n) of IPC and Sections 5(j)(ii), 5(n), 6 of POCSO Act and Section 9 of the PROHIBITION OF CHILD MARRIAGE Act, seeking relief. 3. The prosecution alleges that the petitioner fully knowing that the survivor was a minor committed penetrative sexual assault and also solemnized the marriage with the survivor on 26.3.2023. 4. The petitioner and the respondent No.2-survivor are present before this Court and they have filed an application for compounding of the offences stating that they were in - 3 - NC: 2025:KHC:11413 CRL.P No. 3723 of 2025 relationship, and the sexual intercourse between them was consensual one, and their marriage was solemnized, and there was no undue influence and coercion from the accused in solemnizing his marriage with the survivor. The survivor who is present before this Court stated that she is residing with the accused and leading a cordial marital life and is depending on the petitioner-accused for her daily needs. If the petitioner- accused is subjected to trial, it would result in incarceration of the petitioner-accused resulting in more misery and agony to the survivor rather than securing the ends of justice. The respondent No.2-survivor has no objection for quashing of the impugned proceedings against the petitioner. 5. The application is placed on record. 6. The survivor was aged 17 years as of the date of the incident, and as of today she is aged 20 years and the petitioner-accused is aged about 28 years as of today. The statement of the survivor clearly establishes that the petitioner accused and she were in a relationship and the sexual intercourse between them was consensual one. 7. The learned Additional Government for the respondent-State submitted that the offences alleged against the petitioner is heinous and crime against the survivor, and therefore the same cannot be compounded. 8. The object of POCSO Act is to protect minors from sexual abuse and not to criminalize the consensual relationship - 4 - NC: 2025:KHC:11413 CRL.P No. 3723 of 2025 between two adolescents who had consensual sexual intercourse without knowing the consequences. The appellant and the survivor come from the lower socio economic segment having limited access to information and knowledge, thus depriving them about the consequences in having consensual sexual intercourse. 9. Though having sexual intercourse consensually with the minor is an offence under the POCSO Act, however, having regard to the facts and circumstances of the case, to secure the ends of justice, it would be appropriate to quash the impugned proceedings, otherwise, it would result in miscarriage of justice to the survivor. Under such circumstances, the continuation of criminal proceedings would be an abuse of the process of law. 10. Accordingly, the petition is allowed. The impugned proceedings in Spl. SC No.60/2024 on the file of learned Addl. District and Sessions Judge, FTSC-I, Chikkaballapura, insofar it relates to the petitioner herein is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR