- 1 - NC: 2025:KHC-D:3628 CRL.P No. 100781 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. 100781 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. SHRI. MARUTI S/O. YALLAPPA KALLAVADDAR AGE. 28 YEARS, OCC. COOLIE, R/O. DONI, NOW AT KANAKAPUR, HAVERI, DIST. HAVERI-581110. 2. SHRI. DURAGAPPA BANDIVADDAR AGE. 49 YEARS, OCC. AGRICULTURE, R/O. AT. DONI, TQ. MUNDARAGI, DIST. GADAG-582103. 3. SMT. NAGAVVA DURAGAPPA BANDIVADDAR AGE. 39 YEARS, OCC. HOUSEHOLD, R/O. AT. DONI, TQ. MUNDARAGI, DIST. GADAG-582103. 4. SHRI. YALLAPPA KALLAVADDAR AGE. 56 YEARS, OCC. COOLIE, R/O. AT.DONI, NOW AT KANAKAPUR, HAVERI, DIST. HAVERI-581110. 5. SMT. YALLAVVA W/O. YALLAPPA KALLAVADDAR, AGE. 47 YEARS, OCC. HOUSEHOLD, R/O. AT. DONI, NOW AT KANAKAPUR, HAVERI, DIST. HAVERI-581110. 6. SHRI. HANAMANT DURGAPPA MALLASAMUDRA AGE. 54 YEARS, OCC. DRIVER, R/O. H.NO.852, GOKUL ROAD, RAM NAGAR, 2ND STAGE TARIHAL, NEAR VIJAY BANK, HUBBALLI, DIST. DHARWAD-580026. B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.27 14:39:01 +0530 - 2 - NC: 2025:KHC-D:3628 CRL.P No. 100781 of 2025 7. SMT. LAXMI HANAMANT MALLASMUDRA AGE. 53 YEARS, OCC. HOUSEHOLD, R/O. H.NO.852, GOKUL ROAD, RAM NAGAR, 2ND STAGE TARIHAL, NEAR VIJAY BANK, HUBBALLI, DIST. DHARWAD-580026. …PETITIONERS (BY SRI. SHIVASAI M.PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH MUNDARAGI POLICE STATION, GADAG, REPT. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT. DHARWAD-580011. 2. SMT. SHIDDAMMA HADIMANI AGE. 47 YEARS, OCC. WORKING AS SUPERVISOR IN CHILD DEVELOPMENT, PROTECTION OFFICER (CDPO), MUNDARAGI-582118, DIST. GADAG. 3. SARASWATI W/O. MARUTI KALLAVADDAR C/O. MARUTI, R/O. KANAKAPUR, PO: CHIKKALINGADAHALLI, DIST: HAVERI, KARNATAKA-581110. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1 & R2; SRI. SHASHANK HEGDE, ADVOCATE FOR R3) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO, QUASH ENTIRE CRIMINAL PROCEEDINGS REGISTERED AGAINST THE PETITIONERS NO.1 TO 7 /ACCUSED NO. 1 TO 7 IN S.C.NO.104/2023 ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE, GADAG FOR THE OFFENCES P/U/SEC. 376 OF IPC, SEC. 6 OF POCSO ACT, 2012 AND SEC. 9, 10 AND 11 OF PROHIBITION OF CHILD MARRIAGE ACT, 2006 BY ALLOWING THIS PETITION. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR - 3 - NC: 2025:KHC-D:3628 CRL.P No. 100781 of 2025 ORAL ORDER 1. The learned Additional Government Advocate has accepted notice on behalf of respondent Nos. 1 and 2. 2. The petitioners, who are facing trial for offences punishable under Section 376 of the Indian Penal Code, 1860; Section 6 of the Protection of Children from Sexual Offences Act, 2012; and Sections 9, 10, and 11 of the Prohibition of Child Marriage Act, 2006, have approached this Court seeking relief by quashing the criminal proceedings initiated against them. 3. The prosecution alleges that the survivor is the daughter of accused Nos. 6 and 7, and that her marriage with accused No. 1 was solemnized despite objections from her parents. It is further alleged that after the marriage was performed, accused No. 1 committed forcible sexual intercourse with the survivor in his house, resulting in her becoming pregnant and subsequently giving birth to a male child. 4. The parties – namely, the petitioners/accused Nos. 1 to 7 and the survivor – are present before this Court and have filed an application for compounding the offences. In their joint application, they state that, due to ignorance of the law and inadvertence, the marriage between accused No. 1 and the daughter of accused Nos. 6 and 7 was solemnized. They further assert that from that wedlock, a male child was born. 5. The survivor, who is present before this Court, testified that the sexual intercourse with accused No. 1 was consensual. She further stated that she and her child are entirely dependent on accused No. 1 for their daily needs, and that there are no other sources of support for them. She contended that subjecting accused No. 1 to trial and possible - 4 - NC: 2025:KHC-D:3628 CRL.P No. 100781 of 2025 incarceration would only result in additional hardship and misery for her and her child, rather than serving the ends of justice. 6. The joint application for compounding of the offences has been duly placed on record, reflecting the parties’ mutual agreement to resolve their differences and settle the matter amicably. 7. It is also noted that, at the time of the incident, the survivor was approximately 17 years old and accused No. 1 was about 27 years old. As a result of the marriage, a male child was born, who is now approximately 2 years old. Given that the survivor and her minor child are entirely dependent on accused No. 1 for their livelihood, and considering the severe adverse impact that incarceration of accused No. 1 would have on their lives, it is clear that continuing criminal proceedings would likely result in further hardship and would not serve the ends of justice. 8. In light of these circumstances, and considering that the parties have resolved their dispute amicably and agreed to compound the offences, the continuation of criminal proceedings against the petitioners would be an abuse of the process of law. 9. Accordingly, the petition is allowed, and the impugned proceedings in S.C. No.104/2023, pending on the file of the Additional District and Sessions Judge, Gadag, are hereby quashed. Furthermore, any bail bonds, if applicable, are canceled. Sd/- (HEMANT CHANDANGOUDAR) JUDGE AC Ct:vh List No.: 1 Sl No.: 75