- 1 - NC: 2025:KHC:5747 CRL.P No. 10304 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 10304 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. RAJESHA G S/O GANGADHARAPPA AGED ABOUT 27 YEARS R/O HOSURU VILLAGE GOWRIBIDANUR TALUK CHICKBALLAPURA 561 208. 2. MUTHYALAPPA S/O SALLAPURAPPA AGED ABOUT 48 YEARS R/O GANGATTIHALLI VILLAGE LEPAKSHI MANDALAM HINDUPURA TALUK, ANANTAPUR ANDHRA PRADESH 510 051. 3. LAKSHMIDEVI W/O MUTHYALAPPA AGED ABOUT 36 YEARS R/O GANGATTIHALLI VILLAGE LEPAKSHI MANDALAM HINDUPURA TALUK ANANTAPUR ANDHRA PRADESH 510 051. 4. GANGADHARAPPA AGED ABOUT 50 YEARS R/O HOSURU VILLAGE GOWRIBIDANUR TALUK CHICKBALLAPURA 561 208. 5. SAVITHRAMMA W/O GANGADHARAPPA AGED ABOUT 45 YEARS R/O HOSURU VILLAGE GOWRIBIDANUR TALUK CHICKBALLAPURA 561 208. …PETITIONERS (BY SRI. PAVAN KUMAR G.,ADVOCATE) Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:5747 CRL.P No. 10304 of 2024 AND: 1. STATE OF KARNATAKA BY GOWRIBIDANUR RURAL P S REP BY SPP HIGH COURT BUILDING BANGALORE 560 001. 2. XXXXX D/O MUTHYALAPPA NOW AGED ABOUT 19 YEARS R/O HOSURU VILLAGE GOWRIBIDANUR TALUK CHICKBALLAPURA 561 208. …RESPONDENTS (BY SRI. THEJESH.P, HCGP FOR R-1 SMT. VASANTHA LAKSHMI, H.V, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) TO QUASH THE ENTIRE PROCEEDINGS IN SPL.C.NO.29/2024 (CRIME NO.200/2023 OF GOWRIBIDANUR RURAL P.S) ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE FTSC-I, CHIKKABALLAPURA FOR THE ALELGED OFFENCES P/U/S 376(2) (n) OF IPC, SECTION 9, 10 OF CHILDREN MARRIAGE RESTRAINT ACT, SECTION 5(J)(II), 5(n), 6 OF POCSO ACT. 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 seek for the following relief:- “Wherefore the petitioners above named most humbly pray that this Hon’ble Court may be pleased to quash the entire proceedings in Spl.C.No.29/2024 (Crime No.200/2023 of Gowribidanur Rural P.S.) on the file of Addl. District and Sessions Judge FTSC – I, Chikkaballapura for the offence punishable under section 376(2)(n) of IPC, Section 9, 10 of - 3 - NC: 2025:KHC:5747 CRL.P No. 10304 of 2024 Child Marriage Restraint Act, Section 5(J)(II), 5(n), 6 of POCSO Act, in the interest of justice.” 2. Learned counsel for the petitioners – accused Nos. 1 to 5 and learned counsel for 2nd respondent – complainant have filed a Joint Memo dated 05.02.2025 duly signed by the petitioners, 2nd respondent and their respective counsel. The same is taken on record. 3. Petitioners – accused Nos. 1 to 5 and respondent No.2- complainant are physically present before the Court and they admit the contents of the aforesaid Joint Memo, which reads as under:- JOINT MEMO “The petitioner No.1 and the 2nd respondent submits as follows: 1. The petitioner and the 2nd respondent submits that, the petitioner have filed the above petition seeking to quash the proceedings in Spl.C.No.29/2024 pending on the file of Addl. District and Sessions Judge, FTSC – I at Chikkaballapura, for the offence punishable under section 376(2)(n) of IPC, Section 9, 10 of Child Marriage Restraint Act, Section 5(J)(II), 5(n), 6 of POCSO Act. 2. The petitioners and the 2nd respondent submits that, the petitioners being aggrieved by the initiation of proceedings, the petitioners has preferred the above criminal petition. - 4 - NC: 2025:KHC:5747 CRL.P No. 10304 of 2024 3. The petitioners and the 2nd respondent submits that petitioners No.1 and the respondent No.2 are married. The 2nd respondent consent to quash the proceedings against the petitioner. 4. The petitioners and the 2nd respondent submits that, the settlement arrived between the petitioners and the 2nd respondent is out of free will, there is no coercion or force, fraud or any undue influence in settling the case. Wherefore the petitioner and 2nd respondent most humbly pray that this Hon’ble Court may be pleased to quash the proceedings against the petitioner in Spl.C.No.10304/2024 pending on the file of Addl. District and Sessions Judge, FTSC-I at Chikkaballapura, in the interest of justice.” 4. In view of the aforesaid settlement entered into between the petitioners and 2nd respondent, I pass the following: ORDER (i) Petition is disposed of in terms of the Joint Memo dated 05.02.2025. (ii) All further proceedings in Spl.C.No.29/2024 arising out of Crime No.200/2023 registered by the 1st respondent – Police for the offences punishable under Sections 376(2)(n) of IPC and Sections 9, 10 of the Prohibition of Child Marriage Act, as well as Section 5(J)(II), 5(n), 6 of the POCSO Act, 2017, pending on the - 5 - NC: 2025:KHC:5747 CRL.P No. 10304 of 2024 file of Addl.District and Sessions Judge, FTSC-1, Chikkaballapura, insofar as the petitioners are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.