- 1 - NC: 2025:KHC:18158 WP No. 13323 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 13323 OF 2025 (GM-RES) BETWEEN: SRI. MANJUNATH, AGED ABOUT 29 YEARS, S/O. SRI. MAHADEVA, R/AT NEAR CARMEL SCHOOL, BASAVESHWARNAGAR, BENGALURU - 560 079. …PETITIONER (BY SRI. NISHANTH S.K, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH BYADARAHALLI P.S., REPRESENTED BY SPP, HIGH COURT BUILDING, BENGALURU - 560 001. 2. SMT. TRIVENI, W/O SRI. VASU, R/AT BEHIND GOVT. SCHOOL, MAGADI MAIN ROAD, BYADARAHALLI, BENGALURU - 560 009. 3. SRI. LAKSHMI, W/O. SRI. MANJUNATH, AGED ABOUT 18 YEARS R/AT NEAR CARMEL SCHOOL, BASAVESHWARNAGAR, BENGALURU - 560 079. …RESPONDENTS (BY SRI. M.V. ANOOP KUMAR, HCGP FOR R1; SRI. RITHIK Y.M, ADVOCATE FOR R3) Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:18158 WP No. 13323 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SEC. 528 OF BNSS, PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN SPL. CASE NO. 417/2024 ARISING OUT OF CRIME NO. 215/2025 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 366 (A), 376 OF IPC, SECTION 4 AND 6 OF POCSO ACT, AND SECTION 9 OF PROHIBITION OF CHILD MARRIAGE ACT INCLUDING THE FIR, COMPLAINT, CHARGE SHEET, WHICH IS PENDING ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE-FTSC-III, BENGALURU ALONG WITH OTHER CONSEQUENTIAL RELIEF IN THE ENDS OF JUSTICE (PRODUCED AT ANNEXURE-A, B, C AND D) AND ETC., 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 accepts notice for the respondent-State. 2. The petitioner/accused who is facing trial for the offence punishable under Sections 366 (A), 376 of IPC, Sections 4 and 6 of the POCSO Act and Section 9 of the Prohibition of Child Marriage Act is before this Court seeking relief. 3. The prosecution alleges that the petitioner, fully knowing that the survivor was a minor, induced her to have sexual intercourse by promising her to marry and thereafter solemnized marriage with the survivor. 4. The parties are present before this Court and have filed an application for compounding stating that the sexual intercourse with the petitioner/accused and survivor was a - 3 - NC: 2025:KHC:18158 WP No. 13323 of 2025 consensual one since they were in love with each other and their marriage is registered in the office of the Sub-Registrar, Rajajinagar on 25.03.2025 and the survivor is aged 17.5 years as of the date of incident and as of today she is more than 19 years. It is submitted that the petitioner/accused and the survivor continue to lead a cordial marital life and the survivor submitted that she is dependent on petitioner/accused for her livelihood. 5. The petitioner /accused who is present before this Court undertakes to take care of the survivor by providing all the basic amenties and facilities. 6. 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. If the petitioner is subjected to trial it would lead to incarceration causing more misery and agony rather than securing ends of justice. - 4 - NC: 2025:KHC:18158 WP No. 13323 of 2025 7. In such circumstances, the continuation of criminal proceedings will be an abuse of process of law. Accordingly, I pass the following: ORDER i. Petition is allowed. ii. The impugned proceedings in Spl. C. No.417/2024 arising out of Cr.No.215/2025 on the file of Addl. District and Sessions Judge-FTSC-III, Bengaluru is hereby quashed. iii. Respondent No.3 survivor is at liberty to revive this petition in the event petitioner breaches the undertaking given before this Court. Sd/- (HEMANT CHANDANGOUDAR) JUDGE RKA List No.: 1 Sl No.: 107 CT: BHK