- 1 - NC: 2025:KHC:18157 CRL.P No. 6396 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 CRIMINAL PETITION NO. 6396 OF 2025 BETWEEN: NAGALINGA D.G, S/O GOPALAPPA, AGED ABOUT 24 YEARS, R/AT DRONAKUNTE VILLAGE, GOURIBIDANUR TALUK, CHIKKABALLAPURA DISTRICT - 561 208. …PETITIONER (BY SRI. BASAVARAJU T.A, ADVOCATE) AND: 1. STATE OF KARNATAKA BY GOWRIBIDANUR RURAL POLICE STATION, CHIKKABALLAPUR DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, STATE PUBLIC PROSECUTOR'S OFFICE, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, AMBEDKAR VEEDI, AT BENGALURU - 560 001. 2. NARASAMMA W/O ASHWATHANARAYANA, AGED ABOUT 42 YEARS, R/AT DRONAKUNTE VILLAGE, GOURIBIDANUR TALUK, CHIKKABALLAPURA DISTRICT - 561 208. 3. JYOTHI D.A, W/O NAGALINGA, AGED 19 YEARS, R/AT DRONAKUNTE VILLAGE, Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:18157 CRL.P No. 6396 of 2025 HOSURU HOBLI, GOURIBIDANUR TALUK, CHIKKABALLAPURA DISTRICT - 561 208. …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1; SRI. GAMGADHAR K, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN SPL.S.C.NO.128/2021 (WHICH IS ARRISING OUT OF CR.NO.183/2021) OF GOWRIBIDANUR RURAL POLICE STATION, FOR AN OFFENCE P/US/ 366, 376(2)(n) OF IPC AND SEC. 6 OF POCSO ACT, WHICH IS PENDING ON THE FILE ADDL. DIST. AND SESSIONS JUDGE, FTSC-1 AT CHIKKABALLAPURA IN SPL.S.C.NO.128/2021 ON SUCH TERMS AND CONDITIONS. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER Learned HCGP accepts notice for respondent-State. 2. The petitioner who is facing trial for the offences punishable under Sections 366, 376(2) (n) of IPC and Section 6 of POCSO Act is before this Court seeking relief. 3. The prosecution alleges that the petitioner/accused, fully knowing that the survivor is a minor, kidnapped her and forcibly committed sexual intercourse by promising to marry. 4. The petitioner/accused and respondent No.3 are present before this Court and have filed an application for - 3 - NC: 2025:KHC:18157 CRL.P No. 6396 of 2025 compounding, stating that they were in love with each other. Their marriage was solemnized and subsequently registered at the office of Sub-Registrar on 04.01.2024. It is submitted that the survivor/respondent No. 3 is five months pregnant and is dependent on the petitioner/accused for her livelihood, with no other person available to take care of her. 5. The application is taken on record. 6. As of the date of the incident, the survivor was 16 years old, and she is presently 19 years old. The survivor was examined as P.W.2, but she was declared hostile, and nothing incriminating was elicited from her during cross-examination by the prosecution. 7. The medical evidence indicates that the hymen of the survivor was not intact. However, the survivor has categorically stated that the sexual intercourse with the petitioner/accused was consensual since they were in a relationship. 8. 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 - 4 - NC: 2025:KHC:18157 CRL.P No. 6396 of 2025 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. 9. 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.S.C.No.128/2021 on the file of Additional District and Sessions Judge, FTSC-I, Chikkaballapur is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE RKA List No.: 1 Sl No.: 71 CT: BHK