- 1 - HC-KAR NC: 2025:KHC:21198 CRL.P No. 7398 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 7398 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: MOHAMMED GOUSE, S/O ATHAULLA, AGED ABOUT 32 YEARS, R/O 7TH CROSS, VENKABHOVI COLONY, DAVANGERE – 577 001. …PETITIONER (BY SRI. SIRAJUDDIN AHMED, ADVOCATE) AND: 1. STATE OF KARNATAKA SHO DAVANGERE WOMEN P. S. REP. BY SPP, HIGH COURT BUILDINGS, BANGALORE – 560 001. 2. SMT. MAHABOOB BI W/O FAYAZ AHMED, AGED ABOUT 42 YEARS, R/O - 12TH CROSS, MUSLIM COLONY, BASHANAGAR, DAVANGERE, KARNATAKA – 577 001 …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1; SRI. NAVEED AHMAD, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN SPL.C.NO.9/2024 ARISING OUT OF CR.NO.146/2023 FOR THE OFFENCES PUNISHABLE UNDER SECTION 363, 376(2)(n) OF IPC, SEC. 4 AND 6 OF POCSO ACT, OF DAVANGERE WOMEN P.S PENDING IN THE COURT OF THE ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-1 AT DAVANAGERE AGAINST THE ACCUSED PETITIONER. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21198 CRL.P No. 7398 of 2025 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, it is prayed that this Hon’ble Court may be pleased to quash the entire proceedings in Spl.C.No.9/2024 arising out of Crime No.146/2023 for the offences p/u/s. 363, 37692)(n) of IPC, Section 4 and 6 of POCSO Act of Davanagere Women P.S., pending in the Court of the Addl. District and Sessions Judge, FTSC-1, at Davanagere, against the accused petitioner in the interest of justice.” 2. Learned counsel for the petitioner – accused and learned counsel for the 2nd respondent – complainant have filed a Joint Memo along with Affidavit duly signed by the petitioner, 2nd respondent and their respective counsel and the same is taken on record. 3. Petitioner – accused, 2nd respondent – complainant, victim and their respective counsel are physically present before the Court and they admit the contents of the Joint Memo and the accompanying affidavit, which reads as under:- - 3 - HC-KAR NC: 2025:KHC:21198 CRL.P No. 7398 of 2025 “JOINT MEMO The petitioner and the victim both are before this Hon'ble Court seeking the quashment of entire proceedings as they have arrived to a conclusion to settle the matter in view of the marriage solemnized between them and continuation of proceedings against the petitioner will not serve any justice to the accused or the victim or the complainant. In this regard, this joint memo is filed. Wherefore, it is respectfully prayed before this Hon'ble court that this Hon'ble Court may kindly be pleased to consider this joint memo in the interest of justice.” “AFFIDAVIT I, MUSKAN, D/O PAYAZ AHMED, WIFE OF MOHAMMED GOUSE AGED ABOUT 19 YEARS, R/O 1st CROSS, VENKABHOVE COLONY, DAVANGERE, KARNATAKA-577001, do hereby solemnly affirm and state as follows: 1. I state that, I am the victim in this case. 2. I state that I am well aware of the facts of this case, I am competent to swear this affidavit as a major. 3. I state that My mother by named MAHABOOB BI has lodged a missing complaint dated 12-11-2023 in the respondent police an FIR came to be lodged based on the complaint, after investigation a charge sheet came to be filed by the respondent police in Spl.C. No. 9/2024 pending in the court of district and session - 4 - HC-KAR NC: 2025:KHC:21198 CRL.P No. 7398 of 2025 judge, FTSC. 1 at Davangere for the a/p/u 363, 376(2)(n), of IPC, section & and 6 of POCSO Act. 4. I state that the petitioner Mohammed Gouse was remanded to judicial custody later he was granted ball and now he is out on bail. 5. I state that we both were in love since 4 years, myself after attaining majority we both Mohammed Gouse and myself solemnize a Nikah in Masjid-e-Noorul Islam at No 431, Iliyas Nagar, JP Nagar post, Bangalore - 560078 dated 01-03-2025 for dower of Rs. 7786/- in presence of the witnesses mentioned in the Nikah Nama. 6. I state that I have approached the sub- registrar for registration of marriage in accordance with law. 7. I state that myself and the petitioner has decided to lead a peaceful marital life without interference and disturbance from both the family members or any 3rd parties in our personal life. 8. I state that continuation of the proceedings in this case will not serve not serve any purpose or justice. Hence, this case may kindly be quashed and the joint memo may kindly be considered to meet the ends of justice. 9. I state that, if the joint memo is not allowed me and my family will be put to hardship, if it is allowed no Injustice and hardship would cause to the Respondents. - 5 - HC-KAR NC: 2025:KHC:21198 CRL.P No. 7398 of 2025 10. I state that para 1 to 10 of this affidavit is true. I verify that, what is stated above is true and correct to the best of my knowledge, information and belief” 4. In view of the aforesaid settlement entered into between the petitioner and 2nd respondent, I pass the following: ORDER (i) The petition is disposed of in terms of Joint Memo dated 22.05.2025. (ii) The proceedings in Spl.C.No.9/2024 (arising out of Crime No.146/2023 of 1st respondent – Police) registered for the offences punishable under Sections 363, 376(2)(n) of IPC and Sections 4 and 6 of POCSO Act, pending on the file of Additional District and Sessions Judge, FTSC-1, Davanagere, insofar as the petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 3 Sl No.: 2