- 1 - NC: 2025:KHC-D:1847 CRL.P No. 100414 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100414 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: SONUKUMAR SHAMBU SHA AGE. 27 YEARS, OCC. PHOTOGRAPHER, R/O. RIGA GOTE VILLAGE, POST. RIGA SITAMATHI, BIHAR-843327, NOW AT. RAMAKRISHNA ASHRAM ROAD, KAJUBAG, KARWAR-581301. …PETITIONER (BY SMT. JOSHNA P.DHANAVE, ADVOCATE FOR SRI. R.H.ANGADI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA (UK WOMEN POLICE STATION), KARWAR (UK), R/BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011. 2. SRI. HANUMANTHAPPA WADDAR AGE. 70 YEARS, OCC. COOLIE, R/O. BANGARAPPA NAGAR, SHIRWAD, KARWAR, DIST. UTTARA KANNADA-581306. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1; SMT. NIRMALA DODAMANI, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/SE. 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO, QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN UK WOMEN POLICE STATION IN PS. CRIME NO. 42/2023, FOR THE ALLEGED OFFNCE P/U/SEC. 376 OF IPC AND U/SEC. 4 AND 6 OF THE POCSO ACT, 2012 AND SEC. 3(1)(w)(i), 3(2) (v) OF SC/ST (PREVENTION OF ATROCITIES) ACT, PENDING IN SPL. CASE NO.16/2024, ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-1, U.K. KARWAR (SPECIAL COURT FOR TRIAL OF CASES FILED UNDER POCSO ACT), SO FAR AS PETITIONER WHO IS ARRAYED AS ACCUSED. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.05 12:54:32 +0530 - 2 - NC: 2025:KHC-D:1847 CRL.P No. 100414 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner has been charge-sheeted for offenses punishable under Section 376 of the Indian Penal Code, 1860 (IPC), Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), and Sections 3(1)(w)(i) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST (POA) Act). 2. The prosecution’s case is that the petitioner-accused allegedly induced the survivor to engage in sexual intercourse, fully aware that she was a minor, by promising to marry her after she attained the age of 18 years. Subsequently, upon learning that the survivor was pregnant, the petitioner-accused allegedly threatened her not to disclose his name to anyone. 3. The petitioner-accused and the survivor have approached this Court and filed a compromise petition, stating that the sexual relationship was consensual, arising out of love and affection. The petitioner has annexed a copy of the Certificate of Registration of Hindu Marriage, indicating that their marriage has been registered in the office of the Registrar, Karwar. The compromise petition is placed on record. 4. The object of the POCSO Act is to protect minors from sexual abuse and not to criminalize consensual relationships - 3 - NC: 2025:KHC-D:1847 CRL.P No. 100414 of 2025 between adolescents who may have engaged in sexual intercourse without fully understanding its consequences. The petitioner and the survivor belong to a lower socio-economic background, with limited access to information and awareness, which may have deprived them of a proper understanding of the legal and social implications of their actions. 5. Although engaging in sexual intercourse with a minor constitutes an offense under the POCSO Act, considering the facts and circumstances of the case, and in order to secure the ends of justice, it would be appropriate to quash the impugned proceedings. Failing to do so may result in a miscarriage of justice for the survivor, particularly in view of her subsequent marriage to the petitioner. 6. In light of the above, the impugned criminal proceedings are required to be quashed. Accordingly, I pass the following: ORDER i) The criminal petition is allowed. ii) The impugned criminal proceedings in Spl.Case No.16/2024 pending on the file of learned Additional District & Sessions Judge, FTSC-I, UK, Karwar is hereby quashed. BKM Ct:vh List No.: 2 Sl No.: 4 Sd/- (HEMANT CHANDANGOUDAR) JUDGE