- 1 - HC-KAR NC: 2025:KHC:21370 CRL.P No. 3513 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.3513 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: MR. SAYYAD URUZ HYDAR S/O SAYYAD SAYID ABBAS AGED ABOUT 25 YEARS, R/O ALLIPURA VILLAGE THONDEBAVI HOBLI, GOWRIBIDNUR TALUK DISTRICT CHICKBALLAPURA - 561 211. …PETITIONER (BY SRI. SHAIKH SAOUD, ADVOCATE) AND: 1. STATE OF KARNATAKA BY MANCHENAHALLI POLICE REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001. 2. SYEDA EZNAI HASHIMI W/O SAYED ATHAR HUSEN AGE MAJOR, HABID ALI ROAD, ALLIPURA VILLAGE THONDEBAVI HOBLI, GOWRIBIDANUR TALUK CHICKBALLAPURA DISTRICT – 561 211. …RESPONDENTS (BY SRI. CHENNAPPA ERAPPA, HCGP FOR R-1; SRI. ANCHAL, ADVOCATE FOR R-2) THIS CRL.P. IS FILED U/S 482 CR.PC PRAYING TO QUASH THE PROCEEDINGS AT SPL.S.C.NO.108/2023 FOR THE OFFENCE P/U/S 376(2)(n) OF IPC AND SEC.5(J)(ii) AND SEC.6 OF POCSO ACT AGAINST THE PETITIONER PENDING ON THE FILE OF ADDL.DISTRICT AND SESSIONS JUDGE AND FTSC-1 COURT, CHIKKABALLAPURA, WHICH IS THE OUTCOME OF CR.NO.85/2023 FOR THE OFFENCE P/U/S 376(2)(n) OF IPC AND SEC.5(J)(ii) AND SEC.6 OF POCSO ACT OF THE MANCHENAHALLI POLICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21370 CRL.P No. 3513 of 2024 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner has sought for the following reliefs:- “a) The petitioner may pleased be allowed. b) Quash the proceedings at Spl.SC No.108/2023 for the offence u/s 376(2)(n) IPC and u/s 5(J) (ii) and section 6 of the POCSO Act against the petitioner, pending on the file of Addl. District and Sessions Judge and FTSC-1 Court Chikkaballapur, which is the outcome of Crime No.85/2023 for the offence p/u/s 376(2)(n) IPC and u/s 5(J)(ii) and Section 6 of the POCSO Act of the Manchenahalli Police may pleased to quashed in the interest of justice and equity. c) Any other relief/s deemed fit by the Hon’ble Court apart from costs of the proceedings may pleased to granted in the interest of justice and equity.” 2. Learned counsel for the 2nd respondent – complainant have filed a Joint Affidavit duly signed by the parents of 2nd respondent – complainant (victim) and their respective counsel and the same is taken on record. 3. Petitioner – accused and his counsel and 2nd respondent and her mother and counsel for respondent No.2 are - 3 - HC-KAR NC: 2025:KHC:21370 CRL.P No. 3513 of 2024 physically present before the Court and they admit the contents of the Joint Affidavit, which reads as under:- “Joint Affidavit “Herein we the CW-2 Smt. Syeda Meesam Bathool W/o Syed Athar Hussain, CW-3 Syed Athar Hussain both r/o Abid Ali Road Alipura Village, Thondebhavi Hobli, Gowribidnur Taluk, Dist. Chikballapura-561213, do hereby solemnly affirm and state on this joint affidavit as under: We submit that we being parents of the victim conversant with all the facts and competent to swear this joint affidavit seeking permission to compound the Spl.S.C.No.108/2023 pending on the file of Addl. District and Sessions Judge, FTSC-1 of Chickballapura, which is the outcome Crime No.85/2023 u/s 376 (2)(n) and Section 5(j)(ii), 6 of POCSO Act of Manchenahalli PS. We submit that on 20-05-2023 victim the daughter of the complainant develops stomach pain she was taken to Vanivilas hospital at Bengaluru and on 21-05-2023 she delivered a female baby. The Doctor seen the a card and said "Chikka vaisnavadige herge agiruttade" and informed police. We submit that on 23-05-2023 at 07-00 Hours the statement of the complainant was recorded by Smt. Padma WPI of Chikkaballapur City Police Station in 'critical care response unit center' of Vanivilas hospital and on the basis of the same a case at Crime No.85/2023 u/s 376 IPC and - 4 - HC-KAR NC: 2025:KHC:21370 CRL.P No. 3513 of 2024 u/section 5 (j)(ii) and 6 of the of the POCSO Act was registered against the accused / petitioner. We submit that the case was registered on the basis of the date of birth as mentioned in the Aadhar card of the victim. We submit that the accused/petitioner was enlarged on anticipatory bail by the Hon'ble High court in Criminal Petition No.6720/2023. We submit that after investigation the Manchenahalli police filed the charge sheet against the accused/petitioner for the offence u/s 376 (2)(n) IPC and u/s 5 (j) (ii) and Section 6 of the POCSO Act in Addl. District and Sessions Judge and FTSC-1 court Chikkaballapur, cognizance of above offences was taken and a case at Spl. SC No.108/2023 was registered and the same is pending for adjudication. We submit that the Discharge Summary report issued by the Hospital and produced along with the charge sheet disclose that the date of birth of victim as per Aadhar card No.765393422786 is 23-05-2005. We submit that as per the school records issued by the Head Master of Bint-Ul- Huda Memorial English High School Alipur-561213, produced along with the charge sheet discloses that the alleged date of birth of the victim is 25-05-2005. The age of the victim was wrongly calculated on the basis of the above two documents as 17 years 11 months and 28 days which is not correct. - 5 - HC-KAR NC: 2025:KHC:21370 CRL.P No. 3513 of 2024 We submit that in an unreported Judgment dated 18- 07-2023 in Criminal Appeal No.1898 of 2023 the Hon'ble Apex Court of India Held in Para No.19 of its judgment that: "It is clear from the above narrative that none of the documents produced during the trial answered the description of “the date of birth certificate from the school" or "the matriculation or equalent certificate” from the concerned or a Panchayath. In all these circumstances, it was incumbent for the prosecution to prove through acceptable medical test/examination that the victim's age was below 18 years as per Section 94 (2) (iii) of the J.J. Act……." “as held earlier, the documents produced i.e. a transfer certificate and extract of the admission register, are not what section 94 (2) (ii)........ in these circumstances, the only piece of evidence, accorded with Section in 94 of the JJ Act was the medical certificate test, based on several X Rays of the victim……..” the downloaded copy of the judgment is rightly submitted along with the main petition. We submit that during the course of the disposal of the bail petition in Criminal Petition No.6720/2023 the CW-2 / complainant first deponent submitted her detailed objections to the bail application copy of the same is enclosed along with the main Petition. We submit that at the age of 18 years my daughter / victim married to the petitioner and at the age of 23 years she delivered a female baby. - 6 - HC-KAR NC: 2025:KHC:21370 CRL.P No. 3513 of 2024 Wherefore, it is humbly prayed that necessary permission may please be granted to compromise the Spl. SC No.108/2023 for the offence u/s 376(2)(n) IPC and u/s 5(J) (ii) and Section 6 of the POCSO Act pending on the file of Addl. District and Sessions Judge and FTSC-1 Court Chikkaballapura, in the interest of justice and equity, hence deposed.” 4. In view of the aforesaid settlement entered into between the petitioner and 2nd respondent and their parents, I pass the following: ORDER (i) The petition is disposed of in terms of Joint Affidavit dated 19.09.2024. (ii) The proceedings in Spl.C.C.No.108/2023 (arising out of Crime No.85/2023 of 1st respondent – Police) registered for the offences punishable under Sections 376(2)(n) IPC and u/s 5(J) (ii) and Section 6 of the POCSO Act pending on the file of Addl. District & Sessions Judge, FTSC-1, Chickballapura, insofar as the petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV; List No.: 1 Sl No.: 102