Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:1914 CRL.P No. 8343 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 8343 OF 2024 BETWEEN:
SRI NAGENDRA MANI.D.N S/O NARAYANAPPA D.N AGED ABOUT 27 YEARS, R/AT NO.11TH WARD, NEAR TITANIC BUILDING, KARENAHALLI, DODDABALLAPURA TOWN, BENGALURU DISTRICT - 561 203. …PETITIONER (BY SRI. T. PRAKASH, ADVOCATE)
AND:
1.
STATE OF KARNATAKA BY WOMEN P S BENGALURU DISTRICT REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001.
2. XXXXXXX W/O NAGENDRAMANI AGED ABOUT 19 YEARS RESIDING AT NO.11TH WARD, KARENAHALLI NEAR TITANIC BUILDING, DODDABALLAPURA TOWN, BENGALURU DISTRICT, KARNATAKA - 561 203. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1, SRI. MAHANTAPPA S, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO QUASH THE CHARGE SHEET IN SPL.CASE NO.508/2024 OF WOMEN P.S.
Digitally signed by LEELAVATHI S R Location: High Court of Karnataka
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NC: 2025:KHC:1914 CRL.P No. 8343 of 2024
BENGALURU DISTRICT FOR THE ALLEGED OFFENCE P/U/S 4(1),6 OF POCSO ACT AND SEC.9 OF PROHIBITION OF CHILD MARRIAGE ACT VIDE ANNEXURE-C PENDING ON THE FILE OF THE ADDL.DISTRICT AND SESSION JUDGE (FTSC-1) BENGALURU RURAL DISTRICT, BENGALURU SO FAR AS THE PETITIONER IS CONCERNED.
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:-
“Wherefore, it is prayed that this Hon'ble Court be pleased to quash the charge sheet in Spl.Case No.508/2024 of Women Police Station, Bengaluru District for the alleged offences punishable under Section 4(1), 6 of Protection of Children from Sexual Offences Act 2012, and Section 9 of Prohibition of Child Marriage Act 2006 vide Annexure-C pending on the file of the Additional District and Session Judge (FTSC-1), Bengaluru Rural District, Bengaluru so far as the petitioner is concerned, in the ends of justice."
2.
Learned counsel for the petitioner – accused and
learned counsel for 2nd respondent – complainant have filed a Joint Memo duly signed by the petitioner, 2nd respondent and their respective counsel and the same is taken on record.
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NC: 2025:KHC:1914 CRL.P No. 8343 of 2024
3. Petitioner – accused, 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
1. The first respondent police have filed a charge sheet against the petitioner for the offences punishable under section 4(1) and 6 of POSCO Act read with Section 9 of Prohibition of Child Marriage Act 2006.
2. The petitioner and the 2nd respondent/ Victim Girl are husband and wife and they are living happily along with their child. The petitioner has not troubled the 2nd respondent in any manner at any point of time. The petitioner is taking care of the 2nd respondent and child well in all respects.
3. The 2nd respondent do not want to prosecute this case and she has no objection for quashing of the charge sheet and criminal proceedings in this case against the petitioner.
4. This joint memo is filed out of will and wish and there is no threat or influence or force from anybody to file this joint memo.
Wherefore this joint memo may kindly be taken on record and quash the criminal proceedings against the petitioner in the ends of justice.”
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NC: 2025:KHC:1914 CRL.P No. 8343 of 2024
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 21.08.2024.
(ii) The proceedings in Spl.C.No.508/2024 (arising out of Crime No.49/2024 of 1st respondent – Police) registered for the offences punishable under Sections 4(1), 6 of Protection of Children from Sexual Offences Act, 2012 and Section 9 of Prohibition of Child Marriage Act, 2006 pending on the file of Additional District and Session Judge (FTSC-1), Bengaluru Rural District, Bengaluru, insofar as the petitioner is concerned are hereby quashed.
Sd/- (S.R.KRISHNA KUMAR) JUDGE
VM/MDS List No.: 1 Sl No.: 29