- 1 - NC: 2025:KHC:3263 CRL.P No. 7965 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 7965 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: SRI GANESHA BARKI, S/O MAHADEVAPPA, AGED ABOUT 31 YEARS, R/AT BHAIRAPURA VILLAGE, SAVANURU TALUK, HAVERI DISTRICT - 581118 …PETITIONER (BY SRI. V B SIDDARAMAIAH, ADVOCATE) AND: 1. STATE BY SUB INSPECTOR OF POLICE, SORABA POLICE STATION, SORABA - 577429 SHIVAMOGGA DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BUILDING, BANGALORE - 560 001 2. SRI. SANNAPPA VEERAPPA SUNAGAR, AGED ABOUT 44 YEARS R/O SAHYADRI COLONY, SIRSI - 581402 UTTARA KANNADA DIST. …RESPONDENTS (BY SMT. M.M. WAHEEDA, HCGP FOR R1 SRI. SHARANDEEP, ADV. FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE FIR IN CR.NO.41/2024 REGISTERED BY THE RESPONDENT NO.1 SORABA POLICE STATION, SORABA, SHIVAMOGGA DISTRICT, REGISTERED FOR Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:3263 CRL.P No. 7965 of 2024 THE ALLEGED OFFENCE PUNISHABLE UNDER SECTION 376 OF IPC AND SEC.4 AND 6 OF POCSO ACT PENDING ON THE FILE OF THE FAST TRACK COURT-1, SHIVAMOGGA DISTRICT, SHIVAMOGGA INITIATED ON THE COMPLIANT OF THE 2ND RESPONDENT. 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 has sought for the following relief:- “a. Quash the FIR in Crime No.41/2024 registered by the respondent No.1 – Soraba Police station, Soraba, Shivamogga district, registered for the alleged offences punishable U/Sec. 376 of IPC and Sec. 4 and 6 of POCSO act, pending on the file of Fast Track Court-1, Shivamogga district, Shivamogga initiated on the complaint of the 2nd Respondent. b. Pass any other order or orders, which this Hon’ble Court deems it just and necessary in facts and circumstances of the present case, in the interest of Justice and equity.” 2. Learned counsel for the petitioner – accused and learned counsel for the 2nd respondent – complainant have filed an application under Section 320(2) Cr.P.C., duly signed by the petitioner, 2nd respondent and their respective counsel and the same is taken on record. - 3 - NC: 2025:KHC:3263 CRL.P No. 7965 of 2024 3. Petitioner – accused and respondent No.2 - complainant are physically present before the Court and they admit the contents of the said Application, which reads as under:- APPLICATION U/S 320(2) OF CR.P.C. The petitioner/accused persons and the respondent no.2/complainant submit as follows: 1. This application is filed seeking permission of this Hon’ble Court, to compound the offences punishable U/s 376 of IPC & sections 4 & 6 of POCSO Act, in Crime No.41/2024 pending on the file of in the Court of FAST TRACK Court 1, at Shivamogga. 2. It is submitted that at the intervention of the elders of both sides, the petitioner and the respondent No.2, have reconciled all the differences between the parties and compromised the aforesaid disputes in order to bring the peace between the parties. Accordingly the 1st petitioner and the 2nd respondent have compromised their dispute in crime No.41/2024 on the file of in the Court of FAST TRACK Court 1, at Shivamogga. 3. The complaint was given 05.04.2024 at Sirsi N.M. Police station, Crime No.36/2024 was registered and the same has been transferred to Soraba Police Station and Crime No.41/2024 is registered. The alleged victim was born on 09.04.2006. As on 05.04.2024, the victim was aged 17 years, 11 months and 26 days. On 12.04.2024 the petitioner and the alleged victim have married; the same was - 4 - NC: 2025:KHC:3263 CRL.P No. 7965 of 2024 registered on 19.04.2024. The 2nd complaint on 24.04.2024. As on 24.04.2024, the victim has attained age of majority. 4. Now the alleged victim is 8 months pregnant. The doctor has informed that Very shortly, the wife of the petitioner will deliver a baby. Further the second respondent has agreed to withdraw/quashing the said Criminal Case. Under these circumstances the petitioner prefer this criminal petition for quashing the FIR, and entire proceedings in crime No.41/2024 on the file of in the Court of FAST TRACK Court 1, at Shivamogga, 5. In view of the settlement arrived at, the 2nd respondent/complainant has no wish to continue the criminal proceedings initiated by him and he has no objection for quashing the proceedings against the petitioner. Since the alleged offences are punishable under section U/s 376 of IPC & sections 4 & 6 of POCSO Act which are non- compoundable, this application is filed seeking permission of this Hon'ble Court to compound the above said offences. 6. The petitioner and the complainant / respondent No.2 have understood the contents of this application and out of their free will, volition and without any fear, force, threat, or coercion, have affixed their signatures to this application. WHEREFORE it is prayed that this Hon'ble Court be pleased to allow the application and to permit the petitioner/ accused persons and the complainant /respondent no.2 to compound the above alleged offences punishable under U/s 376 of IPC & sections 4 & 6 of POCSO Act pending before - 5 - NC: 2025:KHC:3263 CRL.P No. 7965 of 2024 the FAST TRACK Court 1, at Shivamogga, in the ends of justice.” 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 the Application under Section 320(2) Cr.P.C dated 30.08.2024. (ii) The proceedings in Crime No.41/2024 registered by respondent No.1 – Police for the offences punishable under Sections 376 IPC and Sections 4 and 6 POCSO Act, pending on the file of the Fast Track Court – I, Shivamogga District, Shivamogga, insofar as the petitioner is concerned are hereby quashed. (iii) Liberty is reserved in favour of respondent No.2 to seek recalling of the present order and seek revival of this petition, if the occasion so arise. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 1 Sl No.: 44