Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:20382 CRL.P No. 8520 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.8520 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN:
SRI MURALI M S/O CHIKKA RANGAPPA, AGED ABOUT 22 YEARS, NAGARGERE VILLAGE, GORIBIDUR TALUK, CHIKKABALAPURA – 561 228. …PETITIONER (BY SMT. PADMAVATHI N, ADVOCATE)
AND:
1.
SRI GANGADARAPPA S/O LATE THIPPANNA AGED ABOUT 46 YEARS, YELLODE VILLAGE, GUDIBANDE TALUK, CHIKKABALLAPURA – 561 209.
2.
STATE BY CHIKKABALAPURA P.S GUDIBANDE, CHIKKABALLAPURA – 561 209 REPRESENTED BY
STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE – 560 001. …RESPONDENTS (BY SMT. SOWMYA R., HCGP FOR R-2)
THIS CRL.P. IS FILED U/S.482 (FILED U/S.528 BNNS) CR.P.C PRAYING TO QUASH ALL THE PROCEEDINGS IN
Digitally signed by CHANDANA B M Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:20382 CRL.P No. 8520 of 2024
SPL.S.C.NO.63/2020 (CR.NO.114/2020) FOR THE OFFENCE P/U/S 366, 376(2)(n), 506 OF IPC R/W SEC.4,6 OF POCSO ACT 2012, SEC.9 OF PROHIBITION OF CHILD MARRIAGE ACT 2006 WHICH IS PENDING BEFORE THE FILES OF PRINCIPAL DISTRICT AND SESSIONS COURT FTSC I AT CHIKKABALLAPURA OF GUDIBANDE POLICE, CHIKKABALLAPURA.
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 has sought for the following relief:-
“Petitioner prays that this Hon’ble Court may be pleased to quash all the proceedings in Spl.S.C.No.63/2020 (Crime No.114/2020) for the offences punishable U/S 366, 376(2)(N), 506 IPC r/w Sections 4 and 6 of POCSO Act, 2012, Section 9 of Prohibition of Child Marriage Act, 2006, which is pending before the file of Prl. District & Sessions Court, FTSC-1 at Chikkaballapura of Gudibande Police, Chikkaballapura and pass any other order or orders in the interest of justice and equity.”
2.
Learned counsel for the petitioner – accused has filed a Joint Memo along with Affidavit duly signed by the petitioner, 1st respondent and the victim and the same are taken on record. - 3 -
HC-KAR NC: 2025:KHC:20382 CRL.P No. 8520 of 2024
3. Petitioner – accused and his counsel and 1st respondent and the victim are physically present before the Court and they admit the contents of the Joint Memo and the Affidavit, which reads as under:-
“JOINT MEMO
It is respectfully submitted that, the complainant, Accused and the Victim have compromised the matter and the victim is happily leading marital life with the Accused. That the complainant has no objection to quash the proceedings against the Accused.”
AFFIDAVIT
“I, Smt, Prathyusha, Y.G. W/o Murali, aged about 20 years, R/at No.815, Nagaragere, Gowribidanur Taluk, Chikkaballapur – 561 228 do hereby solemnly affirm and state on oath as follows;
1. That I was born on 06th December 2004, as per my official records, and I attained the age of majority on 06th December 2022. 2. That I am lawfully married to Mr. Murali M. The marriage between us was solemnized on 12th January 2023 out of our own free will and violation, after having attained the age of majority. 3. That our marriage is duly registered under the provisions of the Hindu Marriage Act, 1955, as Registration
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HC-KAR NC: 2025:KHC:20382 CRL.P No. 8520 of 2024
No.GBD-HM343-2022-23 dated 16th January 2023, at the Office of the Sub-Registrar, Gauribidanur, Karnataka. 4. That we have been in a love affair prior to our marriage. That we have been continuously residing together as husband and wife since the date of our marriage, and we have been leading a peaceful, happy and harmonious marital life. Our families are cordial with each other and my in laws are supporting and looking after me well. My parents also visit our marital home and my husband and I visit my parents house frequently. 5. That from this wedlock, a female child named Lisha.M was born to us on 23rd March 2024, and we are jointly taking care of her upbringing and welfare. 6. That a complaint had been filed by my father, the de facto complainant, against my husband Mr. Murali M., under the provisions of the Protection of Children from Sexual Offences Act, 2012 (POCSO ACT).
That the said criminal case is presently pending trial before the Hon’ble FTSC-1, Chikkaballapur District. My husband is frequently attending the case in Chikkaballapur Court and it humiliates me and my family. 7. That I continue to reside with my husband willingly, happily and voluntarily and I do not have any grievances or complaints against him. 8. That I am making this affidavit voluntary to place the true and correct facts before this Hon’ble Court. Hence the
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HC-KAR NC: 2025:KHC:20382 CRL.P No. 8520 of 2024
petition filed by my husband, i.e., Appellant, may be allowed. 9. That the statements made herein above are true and correct to the best of my knowledge, belief, and understanding and nothing material has been concealed there from.”
4. In view of the aforesaid settlement entered into between the petitioner, 1st respondent and the victim, I pass the following:
ORDER
(i) The petition is disposed of in terms of Joint Memo and Affidavit dated 12.06.2025.
(ii) The proceedings in Spl.S.C.No.63/2020 (arising out of Crime No.114/2020 of 2nd respondent – Police) registered for the offences punishable under Sections 366, 376(2)(N), 506 IPC r/w Sections 4 and 6 of the POCSO Act, 2012 and Section 9 of the Prohibition of Child Marriage Act, 2006, pending on the file of Prl. District & Sessions Judge, FTSC-1, Chikkaballapura, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 2 Sl No.: 81