- 1 - HC-KAR NC: 2025:KHC:19089 CRL.P No. 8922 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.8922 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. NAGARAJU B V @ NAGARAJU BV S/O VENKATARAMANAPPA AGED ABOUT 26 YEARS, BOMMANURU VILLAGE, YELLADUR HOBLI, SRINIVASAPURA TALUK, KOLAR DISTRICT - 563 101. 2. SANTHOSH S/O LATE MUNINARAYANA, AGED ABOUT 28 YEARS, VELAGALABARE VILLAGE, KOLAR TALUK & DISTRICT – 563 101. …PETITIONERS (BY SRI. SRINATHA B V., ADVOCATE) AND: 1. STATE OF KARNATAKA BY THIRUMALASHETTAHALLI POLICE STATION , REP. BY STATE PUBLIC PROSECUTOR ATTACHED TO HIGH COURT BUILDING DR. AMBEDKAR VEEDHI, BENGALURU – 560 001. 2. SMT. VANISHREE W/O KRISHNA AGED ABOUT 38 YEARS, RESIDING AT K. MALLASANDRA VILLAGE, KASABA HOBALI, HOSKOTE TALUK BENGALURU RURAL DISTRICT – 562 114. …RESPONDENTS (BY SRI. JAGADEESHA.B.N, ADDL.SPP. FOR R-1; SRI. BYRA REDDY, ADVOCATE FOR R-2) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19089 CRL.P No. 8922 of 2024 THIS CRL.P IS FILED U/S.482 (FILED U/S.528 BNNS) CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN SPL.C.C.NO.501/2023 (CR.NO.173/2022, THIRUMALASHETTAHALLI POLICE STATION, BENGALURU RURAL DISTRICT) ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, FTSC-2, BENGALURU RURAL DISTRICT, BENGALURU, FOR THE OFFENCES P/U/S 344, 366-A, 376(2)(1)(n), 504 OF IPC AND SEC.17, 6(L), 6, 4,(1), 5(n) OF POCSO ACT, 2012 AND SECTIONS 9, 10, 11 OF PROHIBITION OF CHILD MARRIAGE ACT, 2006. 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, petitioners have sought for the following reliefs:- “ a) Quash the entire proceedings in Spl.C.C.No.501/2023, (Crime No. 173/2022, Thirumalashettahalli Police Station, Bengaluru Rural District) on the file of the Principal District and Sessions Judge, FTSC-2, Bengaluru Rural District, Bengaluru, for the offences punishable under Sections 344, 366(A), 376(2)(i)(n), 504 of IPC and Sections 17, 4, 5(l)(n), 6 of POCSO Act, 2012 and 9, 10, 11 of Prohibition of Child Marriage Act, 2006. b) Pass any such order/s as this Hon’ble Court may deems fit in the interest of justice and equity.” 2. Learned counsel for the petitioners – accused Nos.1 and 2 and learned counsel for 2nd respondent – complainant have - 3 - HC-KAR NC: 2025:KHC:19089 CRL.P No. 8922 of 2024 filed Joint Affidavit duly signed by the petitioner, 2nd respondent and their respective counsel and also the victim and the same is taken on record. 3. Petitioners – accused Nos.1 and 2 and their counsel and respondent No.2 and her counsel are physically present before the Court and they admit the contents of the Joint Affidavit, which reads as under:- “JOINT AFFIDAVIT I, Nagraju, BV @ Nagaraju S/o Venkataramanappa, aged about 26 years, Bommanuru Village, Yelladur Hobli, Srinvisapura Taluk, Kolar District – 563 101, 2. Santhosh V.M. S/o Late Muninarayana, aged about 28 years, Velabare Village, Srinivaspura Taluk, Kolar District, 3. Smt Vanishree N.C., W/o Krishna, aged about 38 years, Residing at K. Mallasandra Village, Kasba Hobali, Hoskote Taluk, Bengaluru Rural District – 562 114, 4. Smt. Ganavi K., W/o Nagarju, Aged about 19 years, residing at K. Mallasandra Village, Kasba Hobali, Hoskote Taluk, Bengaluru Rural District – 562 114, today at Bengaluru, do solemnly affirm and state on oath as follows:- 2. We submit that the 1st Petitioner and deponent No.4 husband and wife 2nd petitioner is friend of petitioner and deponent No.3 is de-facto complainant in the above case - 4 - HC-KAR NC: 2025:KHC:19089 CRL.P No. 8922 of 2024 and I know the facts and circumstances of the case. They have authorized to me to swear this affidavit on behalf of themselves. Hence, I am swearing this affidavit. 3. We submit that the petitioner and deponent No.4 are husband and wife and our marriage was solemnized on 26.04.2024, Anjaneya Swamy temple, Seegenahalli Kadugodi both of us and also other petitioner No.2 have agreed for compounding of offences punishable under Sections 344, 366(A), 376(2)(i)(n), 504 IPC and Sections 17, 5(l)(n), 6, 4 of POCSO Act, 2012 and 9, 10, 11 of Prohibition of Child Marriage Act, 2006. 4. We submit that as per advise of the elders, well wishers and friends, all of us have agreed for compromise to a comfort and happy life future in society. 5. It is submitted that the petitioner and the victim girl married and residing together living happily. Under the circumstances this Hon'ble Court cannot be a silent spectator to or turn back on the distressed family. Wherefore all of prays that this Hon’ble Court be pleased to permit us to compromise the above case and allow the accompanying application and quashing in Spl.C.No.501/2023 for offences punishable under Sections 344, 366(A), 376(2)(i)(n), 504 of IPC and Sections 17, 4, 5(l)(n), 6 of POCSO Act, 2012 and 9, 10, 11 of Prohibition of Child Marriage Act, 2006 to meet the ends of justice in the interest of justice. - 5 - HC-KAR NC: 2025:KHC:19089 CRL.P No. 8922 of 2024 We deponents do hereby state that what is stated above in para 1 to 5 are true and correct to the best of my knowledge, information and belief.” 4. In view of the aforesaid settlement entered into between the petitioners and 2nd respondent and the victim, I pass the following: ORDER (i) The petition is disposed of in terms of Joint Affidavit dated 31.08.2024. (ii) The proceedings in Spl.C.No.501/ 2023 (arising out of Crime No.173/2022 of 1st respondent – Police) registered for the offences punishable under Sections 344, 366(A), 376(2)(i)(n), 504 of IPC and Sections 17, 4, 5(l)(n), 6 of POCSO Act, 2012 and Sections 9, 10, 11 of Prohibition of Child Marriage Act, 2006, pending on the file of Addl. District & Sessions Judge, FTSC – II, Bengaluru Rural District, Bengaluru, insofar as the petitioners are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 3 Sl No.: 2