- 1 - NC: 2025:KHC:13417 CRL.P No. 4483 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 4483 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. DR. LEENA K S D/O LATE SATYASUNDARA.M. AGED ABOUT 51 YEARS, OCC GYNECOLOGIST, COMMUNITY HEALTH CENTRE, BEGURU VILLAGE, GUNDLUPET TALUK, CHAMARAJANAGARA DISTRICT-571109. 2. DR.PRAMOD.N, S/O LATE N.J.NAGOJAPPA, AGED ABOUT 53 YEARS, OCC MEDICAL OFFICER, PRIMARY HEALTH CENTER, RANGANATHAPURA VILLAGE, GUNDLUPET TALUK, CHAMARAJANAGARA DISTRICT-571109. …PETITIONERS (BY SRI. VEERABHADRA SWAMY H P.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS BEGURU POLICE STATION, GUNDLUPET TALUK, CHAMARAJANAGARA DISTRICT-BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560001. Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:13417 CRL.P No. 4483 of 2025 2. SRI. CHALUVARAJ.N. AGED ABOUT 32 YEARS, OCC CHILD DEVELOPMENT OFFICER AND WOMEN AND CHILDREN DEVELOPMENT DEPARTMENT, GUNDLUPET TALUK, CHAMARAJANAGARA DISTRICT-571109. …RESPONDENTS (BY SRI. M V ANOOP KUMAR, HCGP) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH IN ENTIRE PROCEEDINGS IN SPL.C.NO.65/2023 PENDING BEFORE THE HONBLE ADDL. DIST. AND SESSIONS JUDGE, FTC-1 AT CHAMARAJANAGARA, FOR OFFENCE P/U/S 376(2)(N) OF IPC AND U/S 5(J), (II), 5(L), 6, 17, 21 OF POCSO ACT AND U/S 9 OF PROHIBITION OF CHILD MARRIAGE ACT, FILED BY THE BEGURU POLICE, GUNDLUPET TALUK. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The learned High Court Government Pleader accepts notice for Respondent No.1. 2. The petitioners, who have been charge-sheeted for offences punishable under Section 376(2)(N) of the IPC, Sections 5(J)(III), 5(L), 6, 17, and 21 of the POCSO Act, and Section 9 of the Prohibition of Child Marriage Act, are before this Court. 3. Accused No.1 approached this Court in Crl.P No.10923/2024. This Court, by order dated 05.03.2025, quashed - 3 - NC: 2025:KHC:13417 CRL.P No. 4483 of 2025 the proceedings insofar as they relate to Accused No.1, observing as follows: "2. The prosecution alleges that the petitioner/accused, fully knowing that the survivor was a minor, induced her into a physical relationship by promising to marry her. On 15.12.2022, he solemnized his marriage with the survivor in a temple and subsequently took her to the house of CW2, and committed forcible sexual intercourse with her. Due to which, the survivor was taken to the hospital for delivery and she gave birth to a male child. 3. The parties, including the survivor, are present before this Court and they have filed an affidavit stating that the sexual intercourse between the survivor and accused was consensual. They were in a relationship, and the survivor and the child are solely dependent on the accused to meet their daily needs. If the accused is convicted after trial, it may result in further hardship and agony for the survivor and the child, rather than serving the interests of justice. 4. The survivor was aged about 17 years old at the time of the incident. As of today, she is about 20 years old, and the child has been staying with the accused. 5. The survivor, in her examination-in-chief, did not support the prosecution's case and turned hostile. Even in the statement recorded under Section 164 Cr.P.C., the survivor admitted that the sexual intercourse was consensual, as they were in a relationship. 6. The objective of the POCSO Act is to protect minors from sexual abuse and not to criminalize consensual relationships between adolescents who may not fully understand the consequences of their actions. The petitioner and the survivor come from a lower level socioeconomic background and have - 4 - NC: 2025:KHC:13417 CRL.P No. 4483 of 2025 limited access to information, which may have deprived them of understanding the full consequences of their consensual sexual intercourse. Although consensual sexual intercourse with a minor is an offence under the POCSO Act, given the facts and circumstances of this case, to secure the ends of justice it would be appropriate to quash the impugned proceedings; otherwise, a miscarriage of justice may result for the survivor." 4. In view of the above, the impugned proceedings requires to be quashed insofar as it relates to the petitioners herein. Therefore, the continuation of criminal proceedings against the petitioners would be an abuse of the process of law 5. Accordingly, petition is allowed. The impugned proceedings in Spl.C.No.65/2023 (Cr.No.34/2023) on the file of the Addl. District and Sessions Judge FTSC-I at Chamarajanagara is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 1 Sl No.: 191