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2025 DAILYLAW 24443 (KAR)

A KIRAN v. THE STATE OF KARNATAKA

CRL.P/5630/2025 · 2025-04-17

Hemant Chandangoudar

body2025

Judgment text

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- 1 - NC: 2025:KHC:16063 CRL.P No. 5630 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 5630 OF 2025 BETWEEN: 1. A. KIRAN AGED ABOUT 32 YEARS, S/O. LATE ANJINAPPA, R/AT NO.45-45, KANKADASA STREET, KALKERE, HORMAVU, BANGALORE - 560 043 2. NARAYAN SWAMY, AGED ABOUT 40 YEARS, R/AT KRISHNARAJAPURA, KAAGTHI, CHIKKABALAPUR - 563 148 3. LAKSHMAMMA, AGED ABOUT 39 YEARS, W/O NARAYANSWAMY, R/AT CHINTHAMANI TALUK, KRISHNARAJAPURA, KAAGTHI, CHIKKABALAPUR - 563 148 4. PUSHPAVATHI @ PUSHPAMMA, AGED ABOUT 55 YEARS, W/O LATE ANJANAPPA, R/AT- NO.45, KANKADASA STREET, KALKERE, HORMAVU, BANGALORE - 560 043 …PETITIONERS (BY SRI. LETHIF B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY CHINTAMANI RURAL POLICE STATION, Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:16063 CRL.P No. 5630 of 2025 CHICKBALLAPURA DISTRICT, REP. BY SPP, HIGH COURT BUILDING, BANGALORE-560001. 2. KUM BHAVANI K N, D/O. NARAYANASWAMY, AGED ABOUT 21 YEARS, R/AT NO. KRISHNARAJAPURA, KAAGTHI, CHIKKABALAPUR-563125 …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1 SRI. CHIRAG G., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE FIR IN CR.NO.107/2025 OF CHINTAMANI RURAL P.S. CHIKKABALLAPURA DISTRICT FOR THE OFFENCE P/U/S 9, 10, 11 OF PROHIBITION OF CHILD MARRIAGE ACT 2006 ON THE FILE OF ADDL. CIVIL JUDGE (JR.DN) AND J.M.F.C COURT CHINTAMANI, CHIKKABALLAPURA DISTRICT WHICH IS PRODUCED AT ANNEXURE-A IN THE ABOVE CASE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER Learned HCGP for the respondent - State. Sri.Chiragu U., learned counsel undertakes to file power on behalf of respondent. 2. The petitioners challenges the registration of the FIR registered for the offence punishable under Sections 9, 10 and 11 of the Child Marriage Act. - 3 - NC: 2025:KHC:16063 CRL.P No. 5630 of 2025 3. Respondent No.2 lodged the First Information Report stating that the petitioner/accused, fully knowing that she was a minor, solemnized the marriage with accused No.1. 4. The parties are present before this Court and have filed an application for compounding, along with affidavits stating that the complaint was filed inadvertently. Although the victim was aged about 22 years old as of the date of the marriage. To substantiate this, the petitioner has produced the Adhaar Card, which indicates her date of birth as 02.07.2002. Therefore, the allegation that the petitioner/accused, fully knowing that the victim was a minor, solemnized the marriage with accused No.1 is without any substance. In such circumstances, the continuation of the investigation would be an abuse of process of law. ORDER i. Accordingly, petition is allowed. ii. The impugned FIR in Crime No.107/2025 registered by Chintamani Rural Police Station, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE TIN List No.: 1 Sl No.: 217