- 1 - NC: 2025:KHC:17533 CRL.P No. 5260 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 5260 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: SRI. SRIKANTHA D., S/O DYAVAPPA, AGED ABOUT 26 YEARS, R/AT BASHETTAHALL VILLAGE SIDLAGHATTA TALUK, CHIKKABALLAPUR DISTRICT - 562 105. …PETITIONER (BY SRI. DEVENDRA N., ADVOCATE) AND: 1. STATE OF KARNATAKA BY DIBBURALLI POLICE STATION, CHIKKABALLAPURA REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. SMT. PILLAMMA, W/O VENKATESHAPPA, AGED ABOUT 40 YEARS, R/AT COLONY, BASHETTAHALLI VILLAGE, SIDLAGHATTA TALUK, CHIKKABALLAPUR DISTRICT - 562 105. …RESPONDENTS (BY SRI. RAHUL RAI B., HCGP FOR R1; R2- PILLAMMA PRESENT) Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:17533 CRL.P No. 5260 of 2025 THIS CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE FIR IN CRIME NO.0122/2021 ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-1, CHIKKABALLAPURA FOR THE OFFENCES PUNISHABLE UNDER SECTION 363, 366, 376 (2) (n), 114 OF IPC AND SECTION 6 OF POCSO ACT, 2012 AND CHARGE SHEET IN SPL SC.NO.124/2021 AT ANNEXURE-C. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner (accused), who is facing trial for the offences punishable under Sections 363, 366, 376(2)(n), 114 of IPC and Section 6 of POCSO Act, 2012, is before this Court seeking relief. 2. The prosecution alleges that the petitioner (accused) fully knowing that the survivor was a minor induced her to have sexual intercourse by promising to marry. The survivor was aged about 17 years 9 months and 16 days as of the date of incident. 3. The parties are present before this Court, and have filed affidavits respectively stating that the accused, and survivor were in relationship, and the sexual intercourse between them was consensual one, and their marriage was solemnized, and registered with the Sub- Registrar Office at Shidlaghatta on 5.2.2024. - 3 - NC: 2025:KHC:17533 CRL.P No. 5260 of 2025 4. The survivor is eight months pregnant as of today. She is dependent on the petitioner for her livelihood, and there are no other means of earning livelihood. If the criminal proceedings are allowed to continue, it would result in incarceration causing more misery and agony to the survivor rather than securing the ends of justice. 5. The object of POCSO Act is to protect minors from sexual abuse and not to criminalize the consensual relationship between two adolescents who had consensual sexual intercourse without knowing the consequences. The petitioner and the survivor come from the lower socio economic segment having limited access to information and knowledge, thus depriving them of the consequences in having consensual sexual intercourse. 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. 6. In the light of the above, the impugned criminal proceedings are required to be quashed. - 4 - NC: 2025:KHC:17533 CRL.P No. 5260 of 2025 7. Accordingly, the criminal petition is allowed. The impugned criminal proceedings in Spl.SC No.124/2021 pending on the file of the learned Additional District & Sessions Judge FTSC-I, Chikkaballapura, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 1 Sl No.: 17