- 1 - NC: 2025:KHC:9201 CRL.P No. 5806 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 5806 OF 2024 BETWEEN: 1. SRI. ZABI ULLA S/O SHAFI ULLA AGED ABOUT 23 YEARS R/AT 14TH CROSS OPPOSITE TO MECCA MASJID MANGAMMANAPALYA BANGALORE-560068. 2. SRI SARDAR SALEEM S/O SHAIK ABDUL MAZID AGED ABOUT 42 YEARS NO.16, 4TH FLOOR SYED KHALEEL MANSION 3RD CROSS, NEAR KAJA MASJID MANGAMMANAPALYA BANGALORE CITY-560068. 3. SMT. RESHMA W/O SARDAR SALEEM AGED ABOUT 40 YEARS NO.16, 4TH FLOOR SYED KHALEEL MANSION 3RD CROSS, NEAR KAJA MASJID MANGAMMANAPALYA BANGALORE CITY-560068. 4. SRI SHAFI ULLA S/O SHEIK SAHEB SAHBE AGED ABOUT 52 YEARS R/AT 14TH CROSS NEAR MEKKA MASJID ROAD MANGAMMANAPALYA-560068. Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9201 CRL.P No. 5806 of 2024 5. SMT. AKTHAR W/O SHAIFIULLA AGED ABOUT 24 YEARS R/AT FLAT NO.11, 1ST FLOOR ISRAATH MANJIL BUILDING 2ND MAIN 13TH CROSS, RAJIVGANDHI NAGARA 7TH STAGE, HSR LAYOUT BOMMANAHALLI POST BANGALORE CITY-560 068. …PETITIONERS (BY SRI. RANGANATH REDDY R., ADVOCATE FOR SRI. RAJATH, ADVOCATE) AND: 1. STATE BY BANDEPALYA POLICE STATION BANGALORE DISTRICT-560001 REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA. 2. SUPERVISOR CHILD DEVELOPMENT OFFICER BTM LAYOUT CIRCLE 1ST FLOOR, BBMP BUILDING NR COLONY, BANGALORE CITY-560066. …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R-1; SRI MUNE GOWDA M., ADVOCATE FOR R-2) THIS CRL.P. IS FILED U/S. 482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS ARISING OUT OF CASE IN CR.NO.210/2023 REGISTERED BY BANDEPALYA POLICE IN FAST TRACK COURT-1, CITY COURT COMPLEX, BENGALURU AND THE SAME HAS BEEN CHARGE SHEETED AND PENDING AS SPL.C.C.NO.2936/2023 FOR THE OFFENCES PUNISHABLE UNDER SECTION 363, 366 OF IPC AND SECTION 3(a), 4, 5(j),(ii), 5(L), 6 OF POCSO ACT 2012 NOW PENDING ON THE - 3 - NC: 2025:KHC:9201 CRL.P No. 5806 of 2024 FILE OF THE ADDITIONAL CC AND SESSIONS JUDGE, FAST TRACK SPL.COURT I BENGALURU CITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioners-accused, who have been charge-sheeted for offences punishable under Sections 363 and 366 of the Indian Penal Code (IPC), as well as Sections 3(a), 4, 5(j)(ii), 5(L), and 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012, and Section 9 of the Prohibition of Child Marriage Act, 2006, are before this Court seeking relief. 2. The prosecution alleges that the petitioners-accused, fully aware that the daughter of petitioner No.2 (accused No.2) was a minor at the time of the incident, solemnized her marriage with accused No.1, and thereafter, accused No.1 committed forcible sexual intercourse with her. As a result of this wedlock, a girl child was born. 3. The petitioners-accused and the survivor are present before this Court and have filed a joint affidavit stating that the marriage of the daughter of accused No.2—alleged to be a minor— was solemnized with accused No.1 due to inadvertence and ignorance of the law. The affidavit further states that from the said wedlock, a girl child was born who is approximately six months old as of today, and that if the petitioners-accused are subjected to trial, it would result in their incarceration, thereby causing additional - 4 - NC: 2025:KHC:9201 CRL.P No. 5806 of 2024 agony and misery. It is also stated that the survivor and her child are solely dependent on the petitioners-accused for their daily needs. 4. The joint affidavit is placed on record. 5. Although the offences are cognizable and non- compoundable, considering that the survivor is approximately 19 years and 4 months old as of today and that a baby girl was born from the wedlock between accused No.1 and the survivor, subjecting the petitioners-accused to trial would result in their incarceration, thereby causing further misery and agony to the survivor and the child rather than serving the ends of justice. Moreover, the petitioners-accused are illiterate, and the marriage was performed due to ignorance of the law. Under these circumstances, the continuation of criminal proceedings would constitute an abuse of the process of law. 6. Accordingly, the petition is allowed. 7. The impugned proceedings in Spl. SC No.2936/2023 on the file of Additional City Civil and Sessions Judge, Fast Track Special Court-I, Bangalore City is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR