- 1 - NC: 2025:KHC:17532 CRL.P No. 5530 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. 5530 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: MOHANKUMAR, S/O CHANDRANAYAK, AGED ABOUT 24 YEARS, R/AT TYAVANIGE TANDA, BASAVAPATNA HOBLI, CHANNAGIRI TALUK, DAVANAGERE DISTRICT - 577 544. …PETITIONER (BY SRI. PRASANNA KUMAR P. DAROJI, ADVOCATE) AND: 1. STATE OF KARNATAKA BY BASAVAPATNA POLICE STATION, REPRESENTED BY PUBLIC PROSSECUTOR AMBEDKAR VEEDI, HIGH COURT BUILDING BENGALURU - 560 001. 2. SMT. ARCHANA W/O TARUN N AGED ABOUT 37 YEARS, 3. VICTIM D/O TARUN N., AGED ABOUT 19 YEARS BOTH ARE RESIDING AT R/AT: LAKSHMAIAHSHETTY VATARA, Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:17532 CRL.P No. 5530 of 2025 BEHIND GOVT., HIGH SCHOOL, MAGADI ROAD, BENGALURU - 560 091. …RESPONDENTS (BY SRI. RAHUL RAI B., HCGP FOR R1; SRI. R. PRASHANTH, ADVOCATE FOR R2) THIS CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE PROCEEDINGS INITIATED IN S.C.NO.230/2022 WHICH IS PENDING FOR TRAIL BEFORE THE HONBLE ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-1 REGISTERED BY THE BASAVAPATNA POLICE STATION IN CR.NO.148/2022 AGAINST THE PETITIONER FOR THE OFFENCES P/U/S 376 OF IPC AND SEC. 6 OF THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012(POCSO). THIS PETITION, COMING ON FOR ADMISSION, 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 the respondent No.1. 2. Sri Prashanth R, learned counsel files vakalath on behalf of the respondent No.2. 3. The petitioner (accused), who is facing trial for the offences punishable under Section 376 of IPC and Sections 4 and 6 of Protection of Children from Sexual Offences (POCSO) Act, 2012, is before this Court seeking relief. - 3 - NC: 2025:KHC:17532 CRL.P No. 5530 of 2025 4. The prosecution alleges that the petitioner (accused) fully knowing that the survivor was a minor induced her to have sexual intercourse pretending that he is in love with her. The survivor was examined as PW-2, and she has turned hostile, and nothing was elicited in cross-examination by the prosecution to prove its case. The medical evidence suggests that the hymen of the survivor was ruptured. The victim having turned hostile, the medical evidence alone cannot establish that the petitioner had committed forcible sexual intercourse,as there is corroborative evidence . She was aged about 16 years 4 months as of the date of incident. She is more than 19 years as of day. 5. The petitioner (accused) and the complainant (survivor) are present before this Court, and the survivor and the complainant have filed an affidavit stating that the sexual intercourse between the accused and the survivor was a consensual one as they were in love with each other. 6. The survivor has filed an affidavit stating that she is a meritorious student who had to discontinue her studies due to the pendency of the impugned proceedings. She expresses her intention to resume her education and further states that the accused did not commit any act of - 4 - NC: 2025:KHC:17532 CRL.P No. 5530 of 2025 forcible sexual intercourse. The affidavit submitted by the survivor is taken on record. 7. The material witness, i.e., the survivor, has turned hostile, and her mother has not been subjected to examination-in-chief. The survivor has categorically stated that the petitioner (accused) did not commit any act of forcible sexual intercourse. Apart from the medical evidence indicating that the survivor’s hymen was ruptured, there is no other substantive evidence supporting the prosecution’s case. The testimonies of the remaining witnesses, being official in nature, do not establish that the petitioner committed forcible sexual intercourse with the survivor. 8. Continuing the criminal proceedings under these circumstances would amount to an abuse of the process of law. Given that the material witness has turned hostile and the other witnesses’ testimonies do not substantiate the prosecution’s case, proceeding further would likely cause more distress and hardship to the survivor rather than serve the ends of justice. 9. 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 - 5 - NC: 2025:KHC:17532 CRL.P No. 5530 of 2025 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. 10. In the light of the above, the impugned criminal proceedings are required to be quashed. 11. Accordingly, the petition is allowed. The impugned criminal proceedings in SC No.230/2022 pending on the file of the learned Additional District & Sessions Judge FTSC-I, Davanagere, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM, List No.: 1 Sl No.: 20