- 1 - HC-KAR NC: 2025:KHC:21255 CRL.P No. 5799 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 5799 OF 2024 BETWEEN: GANESHA A.R. @ GANI, S/O LATE RAMU, AGED 25 YEARS, R/AT NANGARUMANE SEETHARAM'S LINE HOUSE, KATTEMADU VILLAGE, MADIKERI TALUK, KODAGU DISTRICT - 571 216. …PETITIONER (BY SRI. KARUMBAIAH T.A, ADVOCATE) AND: 1. STATE OF KARNATAKA BY KODAGU WOMEN POLICE STATION, MADIKERI SUB DIVISION, MADIKERI, KODAGU - 571 201, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. 2. PREMAVATHI K.T, W/O THIMMAIAH K.H, AGED 52 YEARS, R/AT KATTEMADU VILLAGE, MADIKERI TALUK, Digitally signed by KAVYA G Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21255 CRL.P No. 5799 of 2024 KODAGU DISTRICT - 571 216. …RESPONDENTS (BY SRI. NAGESHWARAPPA K, HCGP FOR R1; SRI. HARSHA KUMAR GOWDA H.R, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CR.NO.6/2020 REGISTERED BY THE KODAGU WOMEN POLICE MADIKERI KODAGU DISTRICT FOR THE OFFENCE P/US/ 6 OF POCSO ACT 2012 AND SEC.376(2)(i)(n) AND 506 OF IPC WHICH IS NOW PENDING ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, KODAGU MADIKERI IN SPL.C.NO.21/2020 IN SO FAR AS IT RELATES TO PETITIONER (ACCUSED NO.1) IS CONCERNED. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner has sought for the following relief:- " Wherefore, the petitioner prays that this Hon'ble Court may be please to quash the entire proceedings in Crime No. 6/2020 registered by the Kodagu Women Police, Madikeri Kodagu District for the offences punishable under Section 6 of Protection of Children from Sexual Offences, 2012 and Sections 376(2)(i) (n(and 506 of IPC which is now pending on the file of the Principal District and Sessions Judge, Kodagu, Madikeri in Spl. Case No. 21/2020 insofar as it relates to petitioner - 3 - HC-KAR NC: 2025:KHC:21255 CRL.P No. 5799 of 2024 (Accused No.1) is concerned in the interest of justice and equity." 2. Learned counsel for the petitioner and 2nd respondent have filed a Joint memo duly signed by the petitioner, 2nd respondent and their respective counsels and the same is taken on record. 3. Petitioner and their counsel and respondent No.2 and their counsel are physically present before the Court and they admit the contents of the Joint memo, which reads as under:- “JOINT MEMO" "On 27.10.2019 Respondent No.2 has filed a complaint against the petitioner that he had several intercourse with the daughter of the 2nd respondent Shivani when she was minor, hence 1st respondent police has registered a case in Crime No.6/2020 for the offence punishable under Section 6 of POCSO Act and Section 376(2) (1) & (m) of IPC which is committed to Sessions Court and registered as Spl. Case No. 21/2020 before the Principal District and Sessions Judge, Kodagu at Madikeri. Petitioner was released on bail on 12.8.2021 and the victim girl Shivani and the petitioner got married on 12.8.2022 which was registered on 21.2.2024 before the Registrar of Marriages, Madikeri, in the wedlock the daughter of the 2nd respondent delivered a baby boy on 16.8.2023 he is named as Mayank who is about 2 years old and both the petitioner and the victim girl are living happily. Hence the 2nd respondent does not wish to prosecute the case in the better interest of the parties. - 4 - HC-KAR NC: 2025:KHC:21255 CRL.P No. 5799 of 2024 Wherefore, the 2nd respondent prays that this Hon'ble Court may be pleased to allow this petition and pass appropriate orders as this Hon'ble Court deems fit in the circumstances of this case in the interest of justice and equity." 4. In view of the aforesaid settlement entered into between the parties, I pass the following: ORDER (i) The petition is disposed of in terms of Joint Memo dated 19.06.2025. (ii) The proceedings in Cr.No.6/2020 registered for the offences punishable under Section 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 and Sections 376(2)(i)(n) and 506 of IPC, pending on the file of Principal District and Sessions Judge, Kodagu, Madikeri in Spl.Case No.21/2020 insofar as the petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE rv List No.: 1 Sl No.: 11 CT: BHK