- 1 - NC: 2025:KHC:3919 CRL.P No. 10623 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 10623 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. SRI. MURUGESH S., S/O SUBBALAH K., AGED 29 YEARS, NO.130, HOOGYAM VILLAGE, LOKKANAHALLI HOBALI, KOLLEGALA TALUK, CHAMARAJANAGAR - 571444 2. SRI. NAGARAJU M., S/O MARAPPA, AGED 33 YEARS, NO.236, TUGURA HOOGYAM, HANURU TALUK, CHAMARAJANAGAR - 571444 …PETITIONERS (BY SRI. AKSHAY KUMAR JAIN, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY BY MM HILLS POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560001 2. MR. GOVINDARAJU S/O LATE MUNISWAMY AGED 43 YEARS NO.24 TELAGU SHETTY PUDUR, HANURU TALUK, CHAMARAJANAGAR - 571444 …RESPONDENTS (BY SRI. THEJESH P., ADVOCATE FOR R1 SMT. MONISHA N.S., ADV. FOR R2) Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:3919 CRL.P No. 10623 of 2024 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 (FILED U/S.528 BNNS) CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN SPL.C.NO.154/2023 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 354-A, 366-A R/W SECTION 34 OF IPC AND SECTIONS 8, 12, 17 OF POCSO ACT, 2012 AND SECTION 9, 10 AND 11 OF PROHIBITION OF CHILD MARRIAGE ACT, 2006 PENDING ON THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE AND FTSC-1, CHAMARAJANAGARA. THIS PETITION, COMING ON FOR ADMISSION, 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:- “1. Quash the entire proceedings in Spl. C.No. 154/2023 for the offences punishable under Sections 354(A), 366(A) r/w 34 of IPC & Sections 8, 12, 17 of POCSO Act, 2012 & Sections 9, 10 & 11 of Prohibition of Child marriage Act, 2006 pending on the file of Addl. District & Sessions Judge and FTSC -1, Chamarajanagara in the interest of justice and equity 2. Grant such other and further reliefs as this Hon’ble Court may deem fit in the and circumstances of the case.” - 3 - NC: 2025:KHC:3919 CRL.P No. 10623 of 2024 2. Learned counsel for the petitioners – accused Nos.1 and 2 and learned counsel for 2nd respondent – complainant have filed an Application under Section 528 r/w. 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023, duly signed by the petitioners, 2nd respondent and their respective counsel and the same is taken on record. 3. Petitioners – accused Nos.1 and 2 and 2nd respondent are physically present before the Court and they admit the contents of the aforesaid Application, which reads as under:- “APPLICATION UNDER SECTION 528 READ WITH 359 OF THE BHARTIYA NAGARIK SURAKSHA SANHITA, 2023. The petitioner and Respondent No. 2 humbly submit as follows; 1. Initially FIR was registered as per crime No. 3/2023 for the alleged offences punishable under Section 363, 366(A) of Indian Penal code, 1860 and Sections 4, 8 & 12 of Protection of Children from Sexual offences Act, 2012 and Sections 9, 10 & 11 of Prohibition of Child Marriage Act, 2006. 2. After completion of investigation, police have filed chargesheet for the offences punishable under sections 354(A), 366(A) r/w 34 of Indian Penal Code, 1860 and Sections 8, 12, 17 of POCSO Act, 2012 and Sections 9, 10 & 11 of Prohibition of Child Marriage Act, 2006. - 4 - NC: 2025:KHC:3919 CRL.P No. 10623 of 2024 3. Petitioner No.1 was in a relationship with the victim, which was opposed by her parents. Consequently, Respondent No. 2/father lodged a false complaint against the petitioners. 4. Dispute between the parties have been amicably settled and the respondent No.2 doest not wish to continue the prosecution of the impugned criminal case. 5. However Petitioner No.1 is currently married to the victim who was attained majority, in the presence of the elders, including the parents of the victim (compliant/ Respondent NO.2) on the 01.02.2024. The marriage has been registered in the office of the Sub-Register, Hanur on 07.02.2024 as per law. Hence continuation of criminal proceedings would not serve any purpose and would cause hardship to the life of the couple. Hence continuation of the criminal prosecution would be a disaster to the happy family life of the Petitioners. Hence, it is most humbly prayed that this Hon’ble court may kindly be pleased to allow the criminal petition and quash the entire proceedings in Spl. Case No. 154/2023 pending on the file of Addl. District and Sessions Judge & FTSC-1, Chamarajanagara arising out of crime No. 03/2023 of M.M. Hills Police Station may kindly be quashed in the interest of justice.” 4. In view of the aforesaid settlement entered into between the petitioners – accused Nos.1 and 2 and 2nd respondent, I pass the following: - 5 - NC: 2025:KHC:3919 CRL.P No. 10623 of 2024 ORDER (i) The petition is disposed of in terms of Joint Application filed under Section 528 r/w. 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023 dated 06.11.2024. (ii) The proceedings in Spl.C.No.154/2023 (arising out of Crime No.3/2023 of 1st respondent – Police) registered for the offences punishable under Sections 354(A), 366(A) r/w. 34 of IPC and Sections 8, 12, 17 of POCSO Act, 2012 and Sections 9, 10 and 11 of Prohibition of Child Marriage Act, 2006, pending on the file of the Addl. District and Sessions Judge and FTSC-I, Chamarajanagara, insofar as the petitioners – accused Nos.1 and 2 are concerned, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 2 Sl No.: 76