- 1 - NC: 2025:KHC-D:3662 CRL.P No. 100949 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100949 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. BASAVARAJA, S/O. LINGANNA, AGED ABOUT 25 YEARS, R/O. K. BELAGALLU VILLAGE, SIRUGUPPA TALUK, BALLARI DISTRICT-583121. 2. DYAVANNA, S/O. LINGANNA, AGED ABOUT 47 YEARS, R/O. K. BELAGALLU VILLAGE, SIRUGUPPA TALUK, BALLARI DISTRICT-583121. 3. RAJAMMA, W/O. DYAVANNA, AGED ABOUT 44 YEARS, R/O. K. BELAGALLU VILLAGE, SIRUGUPPA TALUK, BALLARI DISTRICT-583121. 4. YANKAMMA, W/O. LINGANNA AGED ABOUT 55 YEARS, R/O. K. BELAGALLU VILLAGE, SIRUGUPPA TALUK, BALLARI DISTRICT-583121. 5. GADILINGA, S/O. LATE LINGANNA AGED ABOUT 25 YEARS, R/O. K. BELAGALLU VILLAGE, SIRUGUPPA TALUK, BALLARI DISTRICT-583121. 6. RAJA, S/O. LATE K. LINGANNA AGED ABOUT 37 YEARS, R/O. K. BELAGALLU VILLAGE, Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.28 12:29:46 +0530 - 2 - NC: 2025:KHC-D:3662 CRL.P No. 100949 of 2025 SIRUGUPPA TALUK, BALLARI DISTRICT-583121. …PETITIONERS (BY SRI. SABEEL AHMED, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY CPI SIRUGUPPA PS SIRUGUPPA TALUK, BALLARI DISTRICT-583121. 2. DEFACTO COMPLAINANT (NAME NOT DISCLOSED), AGE. 19 YEARS, R/O. K. BELAGALLU VILLAGE, SIRUGUPPA TALUK, BALLARI DISTRICT-583121. 3. THE CHAIRMAN, CHILD WELFARE COMMITTEE, BALLARI, 1ST CROSS, S.N.PET, BALLARI-583103, DIST. BALLARI. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1 SRI. SUHAS K.HOSAMANI, ADV. FOR R2) THIS CRIMINAL PETITION IS FILED U/SE. 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO, CALL FOR THE RELEVANT RECORDS ALLOW THIS CRIMINAL PETITION BY QUASHING THE IMPUGNED FINAL REPORT FILED BY THE 1ST RESPONDENT SIRUGUPPA POLICE CRIME NO. 201/2021 OF SIRUGUPPA POLICE STATION DATED 15.11.2021 ON THE FILE OF 1ST ADDITIONAL DISTRICT AND SESSIONS JUDGE AND FTSC-I, BALLARI FOR THE OFFENCES P/U/SEC. 376(2)(n), 363, AND 506 OF IPC AND U/SEC. 5(L), 6, 4(1), AND 17 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT 2012 AS AGAINST PETITIONERS/ACCUSED NO. 6 TO 11 VIDE ANNEXURE-D AND ALLOW THIS CRIMINAL PETITION BY QUASHING THE ORDER OF TAKING COGNIZANCE PASSED BY THE 1ST ADDL. DISTRICT AND SESSIONS JUDGE AND FTSC-I AT BALLARI THEREBY DIRECTED TO REGISTER A CASE IN SPL. C. NO. 1020/2021 OFFENCES P/U/SEC. 376(2)(n), 363 AND 506 OF IPC AND U/SEC. 5(L), 6, 4(1), AND 17 OF PROTECTION OF CHILDREN - 3 - NC: 2025:KHC-D:3662 CRL.P No. 100949 of 2025 FROM SEXUAL OFFENCES ACT 2012 ON THE FILE OF 1ST ADDITIONAL DISTRICT AND SESSINS JUDGE AND FTSC-I BALLARI FOR THE OFFENCES P/U/SEC. 376(2)(n), 363, AND 506 OF IPC AND U/SEC. 5(L), 6, 4(1), AND 17 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT 2012 AS AGAINST PETITIONERS/ ACCUSED NO.6 TO 11 VIDE ANNEXURE-E AND ALL FURTHER PROCEEDINGS. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER Sri. Praveena Y.Devareddiyavara, learned High Court Government Pleader accepts notice for respondent No.1-State. 2. Sri Suhas K.Hosamani, learned counsel files power on behalf of respondent No.2-complainant. 3. The petitioners/accused Nos. 6 to 11, who are sought to be prosecuted for offences punishable under Sections 376(2), 363, and 506 of the Indian Penal Code, and under Sections 5(1), 6, 4(1), and 17 of the Protection of Children from Sexual Offences Act, 2012, are before this Court. 4. The prosecution alleges that accused No. 1 kidnapped the second respondent-survivor and subsequently committed forcible sexual intercourse. The only allegation against the petitioners/accused herein is that they forced the second respondent-survivor to marry accused No. 6. Other than that, there - 4 - NC: 2025:KHC-D:3662 CRL.P No. 100949 of 2025 is no specific overt act by which the petitioners instigated or abetted accused No. 1 in committing forcible sexual intercourse. 5. The parties are present before the Court and have filed an application for compounding the offences, stating that they have amicably resolved the dispute among themselves. Initially, no allegation was made against the petitioners/accused in the FIR; however, in a subsequent statement, the second respondent inadvertently stated that the petitioners/accused forced her to marry accused No. 6. The second respondent has no objection to withdrawing all allegations against the petitioners/accused and to quashing the proceedings as they relate to the petitioners/accused. The application is placed on record. 6. Although the offences alleged are cognizable and non- compoundable, given that the parties have amicably settled their dispute, and that even if the allegations were accepted at face value they would not constitute an offence punishable under Section 17 of the POCSO Act, subjecting the petitioners/accused to trial would be futile, as the probability of their conviction is remote and bleak in view of the settlement reached. Under these circumstances, the continuation of criminal proceedings against the petitioners/accused would be an abuse of the process of law. 7. Hence, I pass the following: ORDER i) Accordingly, the petition is allowed. - 5 - NC: 2025:KHC-D:3662 CRL.P No. 100949 of 2025 ii) The impugned proceedings in Spl.C. No.1020/2021 pending on the file of the I Additional District & Sessions Judge and FTSC-I, Ballari, insofar as it relates to accused Nos.6 to 11, the petitioners herein, is hereby quashed. iii) The learned Special Court shall proceed as against other accused in accordance with law without being influenced by any observations made in this order, and the observations made, if any, are only for purpose of this petition. Pending I.As., if any, do not survive for consideration and are disposed off accordingly. Sd/- (HEMANT CHANDANGOUDAR) JUDGE KMS Ct:vh List No.: 4 Sl No.: 4