- 1 - HC-KAR NC: 2025:KHC:22854 WP No. 17902 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 17902 OF 2025 (GM-RES) BETWEEN: GANGADHARA S/O LATE RAMANJINEYA AGED ABOUT 28 YEARS R/AT, ERUKALAVANDLAPALLI VILLAGE YARRADODDI PANCHAYATH, KADRI TALUK, ANANTAPUR-515591 (PETITIONER IS IN JUDICIAL CUSTODY) DISTRICT PRISON CHIKKABALLAPUR …PETITIONER (BY SMT. JYOTHI SHARMA K, ADVOCATE) AND: 1. STATE BY SHIDLAGATTA PS REP. BY STATE PUBLIC PROSECUTOR OFFICE AT, HIGH COURT COMPLEX, OPP. TO VIDHANA SOUDHA BENGALURU – 560 001. 2. DODDANNA S/O LATE NARAYANASWAMY AGED ABOUT 40 YEARS R/AT, WARD NO.27, SHATHINAGARA, CHINTHAMANI TOWN, VASA DODDAGUBBI (V), BIDARAHALLI (H), BANGALORE EAST TALUK, BANGALORE – 560 049. …RESPONDENTS (BY SMT. SOWMYA.R., HCPG FOR R-1 SRI. CHAND PASHA, ADVOCATE FOR R-2) THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W UNDER SECTION 482 OF CRPC, PRAYING TO APPRECIATE THE COMPROMISE BETWEEN THE PARTIES AS Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22854 WP No. 17902 of 2025 INTENDED IN DECLARATORY AFFIDAVIT AT ANNEXURE E AND CONSEQUENTLY QUASH THE ENTIRE PROCEEDINGS IN SPL. C NO. 130/2022 ARISING OUT OF CRIME NO.96/2022 BY RESPONDENT NO.1 SHIDLAGHATTA RURAL PS AT ANNEXURE-D FOR THE ALLEGED OFFENCES UNDER SECTION OFFENCES UNDER SECTION 323, 363, 366, 376(2)(L) 376(2) (N) OF IPC, SECTION 6 OF POCSO ACT SECTION 9 OF PROHIBITION CHILD MARRIAGE ACT 2006 AND SECTION 3(1)(W), 3 (2) (VA) OF SCST (PREVENTION OF ATROCITIES) AMENDMENT ACT 2015, NOW PENDING BEFORE THE HON BLE ADDL. DISTRICT AND SESSION JUDGE FTSC-1 CHIKKABALLAPURA WHEREIN THE PETITIONER IS ARRAYED AS ACCUSED NO.1 IN THE INTEREST OF JUSTICE AND EQUITY. 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 seeks for the following reliefs:- “1. Appreciate the compromise between the parties as intended in declaratory affidavit at ANNEXURE E and consequently Quash the entire proceedings in Spl. C.nо 130/2022 arising out of crime no.96/2022 by respondent no.1 Shidlaghatta Rural PS at Annexure-D for the alleged offences under section offences under section 323, 363, 366, 376(2)(L) 376(2)(n) of IPC, section 6 of POCSO act section 9 of Prohibition Child Marriage act 2006 and section 3(1)(w), 3 (2) (va) of SCST (Prevention of Atrocities) Amendment act 2015, now pending before the HON'BLE ADDL. DISTRICT AND SESSION JUDGE FTSC-1 CHIKKABALLAPURA wherein the petitioner is arrayed as accused no.1 in the interest of justice and equity. - 3 - HC-KAR NC: 2025:KHC:22854 WP No. 17902 of 2025 2. Pass such other and further orders as this Hon’ble Court may deem fit and proper, in the facts and circumstances of the case, towards the interest of justice and equity.” 2. Learned counsel for 2nd respondent – complainant and victim have filed a Declaration Affidavit dated 08.06.2025 duly signed by the 2nd respondent, victim and their respective counsel and the same is taken on record. Since the petitioner is in judicial custody, he is not present before the Court. 3. The 2nd respondent – complainant, victim and learned counsel for both the parties are physically present before the Court and they admit the contents of the aforesaid Declaration Affidavit, which reads as under:- DECLARATION AFFIDAVIT “We, 1) Doddanna S/o Late Narayanaswamy Aged about 41 years R/at, Ward no.27, Shathinagara, Chinthamani Town, Vasa Doddagubbi (V), Bidarahalli (H), Taluk, Bangalore- 560049, the respondent no.2 Bangalore east Nandini D/o Doddanna w/o Gangadhara aged about 20 years 2) Kumari R/at, Ward no.27, Shathinagara, Chinthamani Town, Vas Doddagubbi Bidarahalli (H), Bangalore ea Taluk, Bangalore- 560049 the victim in this petition state a affirm as under on oath: - 4 - HC-KAR NC: 2025:KHC:22854 WP No. 17902 of 2025 1. We state that, petitioner/accused have filed this petition under section 482 of CrPc to quash the entire proceedings in Spl. C no. 130/2022 arising out of crime no.96/20 respondent no.1 Rural PS for the offences under section offences under section 32 366, 376(2)(L) 376(2)(n) of IPC, section 6 of POC section 9 of Prohibition Child Marriage act2006 and section 3(1) (w), 3(2) (va) of SCST (Prevention of Atrocities) Amendment act 2015, now pending before the HON BLE ADDL. DISTRICT AND SESSION JUDGE FTSC-1 CHIKKABALLAPURA. 2. We state that, petitioner, respondent no.2 as well as victim have arrived at conclusion to enter into a file this declaratory affidavit enable this Hon'ble court to compound the offences and release the petitioner, as the petitioner is husband of Victim (Kumari Nandini) and son in law of respondent no.2, and without the support of the petitioner the victim not able to maintain herself therefore the parties are arrived to conclusion to close this proceedings. 3. We state that, at the instance of doctor the respondent no.1 police this case was filed as if we would not have co-operated at the relevant time police has told both of us that in the crime of executing minor's marriage we both will be arrested, factually we have not registered this case and under the coercion of respondent no.1 police the respondent no.2/first informant this case against the petitioner since his arrest he is in judicial custody, we don't have any intention to registered case. - 5 - HC-KAR NC: 2025:KHC:22854 WP No. 17902 of 2025 4. We state that petitioner as well as respondent no.2 and victim, does not want proceed the criminal cases each other's, and both the parties coming before the to close this proceeding with their free will as the matter is settle amicably and doesn’t want to pursue matter and keeping pending such matter is waste of precious judicial time. 5. We state that, pendency of this case will be adverse effect of the same on each any every member in the family and we both came forward and mend our difference and agreed to put end on this criminal case. 6. We state that, out of wed-lock victim have baby boy aged about 3 years now both are facing difficulties and hardship, as the petitioner is in judicial custody hence this petition before this Hon'ble court to resolved all marital issue between us. 7. We state that, after the close of this case victim as well as the petitioner is ready to lead marital life and other wise ready to settle the dispute amicably with the consent of elders of family members and resolved all our contentious issues and doesn't want to pursue matter and keeping pending such matter is waste of precious judicial time and creating strain in the entire family Wherefore, we humbly pray to this Hon'ble court to accept c affidavit and appreciate the prayer made in the Crl. Petition the interest of justice and equity.” - 6 - HC-KAR NC: 2025:KHC:22854 WP No. 17902 of 2025 4. In view of the aforesaid settlement entered into between the petitioner, 2nd respondent and victim, I pass the following: ORDER (i) Petition is disposed of in terms of the Declaration Affidavit dated 08.06.2025. (ii) The proceedings in Spl.C.No.130/2022 arising out of Crime No.96/2022 registered by the 1st respondent – Police for the offences punishable under Sections 323, 363, 366, 376(2)(L), 376(2)(n) of IPC; Section 6 of the POCSO Act and Section 9 of the Prohibition of Child Marriage Act, 2006 and Sections 3(1)(w) 3(2) (va) of SC/ST (PoA) Amendment Act, 2015, pending on the file of XXXVII Addl.District and Sessions Judge, FTSC-1, Chikkaballpura, insofar as the petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.