- 1 - NC: 2025:KHC:16998 CRL.P No. 6294 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. 6294 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. MR ASHOKA @ HANUMAIAH AGED ABOUT 21 YERAS, S/O VENKATESHA R/AT CHANNARAYANAPALLI VILLAGE, GULLUR HOBLI, BAGEPALLI TALUK -561207 CHIKKABALLAPURA DIST. 2. MR. PRASAD REDDY, AGED ABOUT 47 YEARS, S/O LATE GANGIREDDY R/AT NILAGUMBHA VILLAGE, KASABA HOBLI, GUDIBANDE TALUK -561 209. …PETITIONERS (BY SRI. MOHANA CHANDRA P., ADVOCATE) AND: 1. STATE OF KARNATAKA BY BAGEPPALLI POLICE STATION REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, AMBEDKAR VEEDHI, BANGALORE -1. 2. SMT. GOWTHAMI, AGED ABOUT 19 YEARS, D/O VENKATARAMAPPA Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:16998 CRL.P No. 6294 of 2025 R/AT CHANNARAYANAPALLI VILLAGE, GULUR HOBLI, BAGEPALLI TALUK -561 207. …RESPONDENTS (BY SRI. M V ANOOP KUMAR, HCGP FOR R1; SRI. TASMIN, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE CHARGE SHEET IN CRIME NO.435/2022 OF BAGEPALLI POLICE STATION INCLUDING SETTING ASIDE THE IMPUGNED ORDER DATED 25.04.2023 TAKING COGNIZANCE OF THE OFFENCE P/U/S 363, 344, 376(3) OF I.P.C AND SECTION 6 AND 17 OF THE POCSO ACT 2012 AND REGISTRATION OF CRIMINAL CASE IN SPL.SC.NO. 34/2023 PENDING ON THE FILE OF ADDL.DISTRICT AND SESSIONS JUDGE, FTSC-I, CHIKKABALLAPURA, AGAINST 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 1. Learned High Court Govt. Pleader accepts notice for respondent No.1/State and Sri. Tasmin, learned counsel has filed power on behalf of respondent No.2. 2. The petitioners/accused Nos.1 & 2 have been charge- sheeted for the offences punishable under Sections 363, 344, 376(3) of IPC and Section 6 and 17 of the POCSO Act, 2012, are before this Court seeking relief. 3. The prosecution alleges that the survivor is the daughter of respondent No.2 and the petitioners/accused herein fully knowing that the survivor was a minor, kidnapped her and - 3 - NC: 2025:KHC:16998 CRL.P No. 6294 of 2025 thereafter, accused No.1 committed forcible sexual intercourse. The allegation against the accused No.2 is that he assisted accused No.1 to commit the offence. 4. The petitioners/accused, the survivor, and the respondent No.2 are present before the Court and filed an compromise affidavit along with an application for compounding the offences stating that they have amicably resolved the dispute among themselves. The survivor was aged about 17 years as of the date of the incident and as of today she is aged about 19 years, and her marriage was solemnized with accused No.1 on 4.4.2025 and it is yet to be registered with the Competent Authority. The survivor who is present before this Court has stated that the sexual intercourse with accused No.1 is consensual one and moreover they were in relationship and she is solely dependent on the accused No.1 to meet her day to day requirements. 5. The Compromise affidavit along with the application is placed on record. 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 appellant and the survivor come from the lower socio economic segment having limited access to information and knowledge, thus depriving them about 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 - 4 - NC: 2025:KHC:16998 CRL.P No. 6294 of 2025 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 and the child. 7. Though the survivor was the minor as on the date of incident, however, having regard to the fact that, the survivor has stated that she married the petitioner-accused No.1 on her own volition without there being any undue influence and coercion, and if the petitioners-accused are subjected to trial, it would result in incarceration of the petitioners-accused resulting in causing misery and more agony to the survivor rather than securing the ends of justice. Therefore, the continuation of the criminal proceedings will be an abuse of the process of law. Accordingly, I pass the following: ORDER i) The Criminal petition is allowed ii) The impugned proceedings in Spl.SC.No.34/2023 on the file, Learned Additional District and Sessions Judge, FTSC-I (POCSO), Chikkaballapura, insofar it relates to the petitioners herein is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 4 Sl No.: 3