- 1 - NC: 2025:KHC:14561 CRL.P No. 9572 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 9572 OF 2024 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SRI. NAVEEN KUMAR S/O NARAYANA SWAMY AGED ABOUT 27 YEARS R/AT GUNETEGANA VILALGE MITTEMARI HOBLI BAGEPALLI TALUK CHIKKABALLAPURA DISTRICT 561207. 2. SRI MANJUNATHA K S/O LATE CHOWDAPPA AGEDA ABOUT 37 YEASR RA/T HOLAGERIPURA VILLAGE SULIBELE HOBLI HOSAKOTE TALUK BANGALORE DISTRICT 562129. …PETITIONERS (BY SRI. ANILKUMAR C.D.., ADVOCATE) AND: 1. STATE OF KARNATAKA BY BAGEPALLI POLICE STAITON CHIKKABALLAPURA DISTRICT 561207 REP BY SPP HIGH COURT BUILDNG BANGLAORE 560001. 2. SMT JYOTHI W/O NARASIMHAREDDY AGED ABOUT 42 YEARS Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:14561 CRL.P No. 9572 of 2024 R/AT MUTHINAPALLI VILLAGE BAGEPALLI TALUK CHICKBALLAPUR DISTRICT 561207. …RESPONDENTS (BY SRI. LAKSHMAN B, HCGP FOR R1) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FURTHER PROCEEDING IN FIR BEARING NO.307/2020 NOW RENUMBERED AS SPL.SC.NO.10/2021 AGAINST THE PETITIONERS WHO ARE ACCUSED FOR THE OFFENCES P/U/S 363, 376, 114 OF IPC, SECTION 4, 6 OF POCSO ACT 2012, PENDING ON THE FILE OF ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-I, CHIKKABALLAPURA IN THE CHARGE SHEET WHEREIN THE PETITIONERS HAVE BEEN ARRAYED AS ACCUSED NO.1 AND 2 FILED BEFORE THE HONBLE ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC, CHIKKABALLAPURA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioners (accused Nos.1 and 2), who have been charge sheeted for the offences punishable under Sections 363, 376, 114 of IPC and Sections 4, 6 of POCSO Act, 2012, are before this Court seeking relief. 2. The prosecution alleges that accused No.1 had forcibly kidnapped the daughter of de facto complainant and committed sexual intercourse. The survivor was aged about 16 years as of the date of the incident. The allegation against accused No.2 is that he supported accused No.1 in kidnapping the survivor. - 3 - NC: 2025:KHC:14561 CRL.P No. 9572 of 2024 3. The accused and the survivor, along with their parents, are present before this Court. The parties have filed a memo stating that accused No.1 and the survivor were in a relationship. The sexual intercourse was consensual. As a result of the said relationship, the survivor gave birth to a male child, who is about one year old as of today. The survivor and the child are solely dependent on accused No.1 to meet their daily needs, and they have no other means of livelihood. If the criminal proceedings against the petitioners (accused Nos.1 and 2) are allowed to continue, it would result in incarceration, causing more misery and agony to the survivor rather than securing the ends of justice. 4. The petitioners have placed on record the certificate of registration of Hindu marriage issued by the Sub-Registrar, Bagapalli, which indicates that the marriage between accused No.1 and the survivor was registered on 20.08.2022. 5. The object of the POCSO Act is to protect minors from sexual abuse, and not to criminalize consensual relationships between two adolescents who engage in sexual intercourse without understanding its consequences. The petitioner and the survivor belong to a lower socio-economic background with limited access to information and awareness, which deprived them of the - 4 - NC: 2025:KHC:14561 CRL.P No. 9572 of 2024 knowledge of the legal implications of engaging in consensual sexual activity. Though consensual sexual intercourse with a minor constitutes an offence under the POCSO Act, having regard to the peculiar facts and circumstances of the present case, and in order to secure the ends of justice, it would be appropriate to quash the impugned proceedings. Otherwise, it would result in a miscarriage of justice to the survivor. In such circumstances, the continuation of criminal proceedings against the petitioners would amount to an abuse of the process of law. 6. Accordingly, the petition is allowed. The impugned FIR in Crime No.307/2020 now renumbered as Spl.SC No.10/2021 pending on the file of the learned Additional District and Sessions Judge, FTSC-I, Chikkabalapura, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 2 Sl No.: 8