- 1 - NC: 2025:KHC:16997 CRL.P No. 5134 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 5134 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. MR ALREX ROMER @ ALREX AGED ABOUT 33 YEARS, S/O LATE ALWYN ROMER, RESIDENT OF FLAT NO.C/10 NAV NEELIMA, M CAVES ROAD, ANDHERI EAST, MUMBAI, MUMBAI SUBURBAN, MAHARASHTRA 400 093. …PETITIONER (BY SRI. SANDESH J CHOUTA, SENIOR COUNSEL A/W SRI. STANLY SAM., ADVOCATE) AND: 1. STATE OF KARNATAKA BY KORAMANGALA POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BANGALORE 560 001. 2. MS. RACHEL HARSHITA B., AGED ABOUT 27 YEARS D/O LATE BIJU KUMARAN, R/O NO.009, SUBIN PROVIDENCE APARTMENT HIREMATH LAYOUT, KOTHANUR, GEDDALAHALLI, BENGALURU 560 077. …RESPONDENTS Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:16997 CRL.P No. 5134 of 2025 (BY SRI. M V ANOOP KUMAR, HCGP FOR R1; MRS. FEBA NISHA., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE CHARGESHEET AND ENTIRE PROCEEDINGS AGAINST THE PETITIONER HEREIN PENDING BEFORE FTC-1 IN SPL CC NO.699/2024 FOR THE OFFENCES PUNISHABLE UNDER SECTION 8, 9(L) AND 10 OF POCSO ACT, 2012 AT ANNEXURE C AND D BY ALLOWING THIS APPLICATION FILED BY THE PETITIONER. 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 who is facing trial for the offences under sections 8, 9(L), and 10 of POCSO Act, 2012 is before this court seeking relief. 2. The prosecution alleges that the petitioner fully knowing that the survivor was a minor has committed aforesaid offences. 3. Father of the survivor is no more and mother had abandoned the survivor and the maternal sister who is also a natural guardian, and the petitioner are present before this Court. 4. The petitioner and the natural guardian have filed a joint affidavit stating that the survivor is pursuing her studies and not interested in prosecuting the case further and she is aged about 17 years as of today, and she is pre-occupied with her studies. It is further stated that survivor has agreed to - 3 - NC: 2025:KHC:16997 CRL.P No. 5134 of 2025 withdraw all the allegations made, and has no objections for quashing the impugned proceedings. 5. The joint affidavit is placed on record. 6. Offences alleged against the petitioner are punishable upto 7 years imprisonment, however, having regard to the fact that, the survivor has agreed to withdraw all the allegations and in all probabilities would turn hostile before the Trial Court, and it would be futile exercise if the petitioner - accused subjected to trial, since the probability of his conviction is remote and bleak as the survivor is likely to turn hostile. In such circumstances, the continuation of criminal proceedings will be an abuse of the process of law. 7. Accordingly, I pass the following: ORDER i) Criminal petition is allowed. ii) The impugned proceeding in Spl.C No.699/2024 pending on the file of the FTC-I, Bengaluru, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 2 Sl No.: 11