- 1 - NC: 2025:KHC:6821 CRL.P No. 7574 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.7574 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: SRI AJAM PAHSA, S/O ASLAM PASHA, AGED ABOUT 22 YEARS, R/AT NO.38, 3RD CROSS, 1ST MAIN, NEAR MAHALAKSHMI TEMPLE, ANDRAHALLI MAIN ROAD, BANGALORE – 560 091. …PETITIONER (BY SRI. KALYAN R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY BYADARAHALLI POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, ATTACHED TO HON’BLE COURT BANGALORE CITY – 560 001. 2. SMT XXX (VICTIM) W/O AJAM PASHA, AGED ABOUT 19 YEARS, R/AT NO.80/A, NEAR ACHARYA COLLEGE, DODDANNA LAYOUT, ANDRAHALI, BANGALORE – 560 091. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1; SRI M.V.MANJUNATHA, ADV. FOR R2 (VICTIM)) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE CHARGE SHEET IN CR.NO.912/2023 REGISTERED BY THE BYDARAHALLI POLICE, FOR Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - NC: 2025:KHC:6821 CRL.P No. 7574 of 2024 THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 5(n), 6 OF POSCO ACT, SECTION 9 OF PROHIBITION OF CHILD MARRIAGE ACT AND SECTION 376(N) OF IPC, PENDING ON THE FILE OF FAST TRACK SPECIAL COURT-3, BANGALORE RURAL DISTRICT, BANGALORE IN SPL.C.NO.236/2024 AND CONSEQUENTLY, TO QUASH THE IMPUGNED ORDER DATED 11.03.2024 PASSED BY THE FAST TRACK SPECIAL COURT-3, BANGALORE RURAL DISTRICT, BANGALORE, IN SPL.C.NO.236/2021. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following reliefs:- “a) To quash the charge sheet in Crime No.912/2023 registered by the Byadarahalli police for the alleged offences punishable under section 5(n), 6 of POCSO Act, Section 9 of the Prohibition of Child Marriage Act and Section 376(N) of IPC, which is pending on the file of Fast Track Special Court- 3, Bengaluru Rural District, Bengaluru in Special Case No.236/2024 and consequently, to quash the impugned order dated 11.03.2024 passed by the Fast Track Special Court-3, Bengaluru Rural District, Bengaluru in Special case No.236/2024. b) To pass any other order/s as deems fit by this Hon’ble Court in the facts and circumstances of the case in the interest of justice and equity.” - 3 - NC: 2025:KHC:6821 CRL.P No. 7574 of 2024 2. Learned counsel for the petitioner – accused has filed Joint Affidavit dated 23.08.2024 duly signed by the petitioner, respondent No.2 and their respective counsel and the same is taken on record. 3. Petitioner – accused and respondent No.2 are physically present before the Court along with their respective counsel and they admit the contents of the aforesaid Joint Affidavit dated 23.08.2024, which reads as under:- JOINT AFFIDAVIT We SRI. AJAM PASHA, S/o Aslam pasha, Age about 22 years, R/at No. 38, 3rd Cross, 1st Main, Near Mahalakshmi Temple, Andrahalli Main Road, Bangalore 560091 and SMT.TARANA TAJ (CW-1), W/o Ajam Pasha, Aged about 19 years, R/at No. 80/A, Near Acharya College, Doddanna Layout, Andrahalli, Bangalore-560091, do hereby solemnly affirm and state on oath as follows: 1. The petitioner and respondent No.2 are the legally wedded husband and wife. The respondent No. 2 while she was 9 months pregnant was admitted in the hospital. The doctors in the hospital sent intimation to the police stating that a pregnant minor girl is admitted in the hospital. Thereafter, the police visited in the hospital and the recorded the statement of the respondent No. 2. Based the said statement the police have registered a case against the petitioner. After, the investigation the police have filed charge - 4 - NC: 2025:KHC:6821 CRL.P No. 7574 of 2024 sheet before the Additional District and sessions judge (FTSC-III), Bangalore Rural District Bangalore, same was numbered as Spl. C. No. 236/2024, for the alleged offences punishable u/s 376(N) of IPC, 4(1)5(N) and 6 of POCSO Act, r/w section 09 of the prohibition of child marriage Act. Thereafter, the trial court has taken cognizance. The petitioner being aggrieved by the filing of the charge sheet and order of taking cognizance has filed this criminal petition to quash the entire proceedings. 2. We state that, the respondent No. 2 has given birth to a baby boy on 07/11/2023 and she was discharged on 15/11/2023. The petitioner was enlarged on bail u/s 438 of CRPC. The petitioner and respondent No. 2 are residing together along with their son. The petitioner is the only bread earning member of the family and there is no one to take care of respondent No. 2 and minor son. The respondent No. 2 during her childhood has lost her parents. The petitioner and respondent No. 2 are living together with new beginning. 3. Under these circumstances, the 2nd respondent/CW-1 are not interest to prosecute the case against the petitioner and we seeks leave of this Hon'ble court to be permit to compound the aforesaid offences and to save the life of family. If not we will be put to untold misery. We state that the averments made in paras 1 to 3 accompanying application are true to the best of our knowledge, information and belief. - 5 - NC: 2025:KHC:6821 CRL.P No. 7574 of 2024 We deponent of hereby declare that what is stated above is true and correct of best of our knowledge, information and belief and this is our signatures.” 4. In view of the aforesaid settlement entered into between the petitioner and respondent No.2, I pass the following: ORDER (i) The petition is disposed of in terms of Joint Affidavit filed by the petitioner and respondent No.2 dated 23.08.2024. (ii) The proceedings in Spl.S.C.No.236/2024 (arising out of Crime No.912/2023 of 1st respondent – Police) registered for the offences punishable under punishable under Sections 5(n) and 6 of POCSO Act, Section 9 of the Prohibition of Child Marriage Act and Section 376(N) of IPC, pending on the file of Addl. District & Sessions Judge (FTSC-III), Bengaluru Rural District, Bengaluru, insofar as the petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE SRL / SV List No.: 2 Sl No.: 46