- 1 - NC: 2025:KHC:9770 CRL.P No. 10923 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 10923 OF 2024 BETWEEN: SRI. RANGASWAMY S/O. MAHADEVA NAYAKA, AGED ABOUT 28 YEARS, R/AT THONDAVADI VILLAGE, GUNDLUPETE TALUK, CHAMARAJANAGARA DISTRICT - 571 109. …PETITIONER (BY MS. RENUKADEVI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY BEGUR POLICE STATION, CHAMARAJANAGAR DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU - 560 001. 2. SRI. CHELUVARAJ. N, CHILD DEVELOPMENT SCHEME OFFICER, WOMEN AND CHILDREN DEVELOPMENT DEPARTMENT, GUNDLUPET TALUK, CHAMARAJANAGAR DISTRICT - 571 109. 3. VICTIM, AGED ABOUT 19 YEARS R/AT. THONDAVADI VILLAGE, GUNDLUPET TALUK. PERMANENT ADDRESS: Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9770 CRL.P No. 10923 of 2024 HUNASANALU VILLAGE, NANJANGUD TALUK, MYSURU DISTRICT - 571 301. …RESPONDENTS (BY SRI. LAKSHMAN B, HCGP FOR R1; SMT. SHILPA RANI, ADVOCATE) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, CHAMARAJANAGAR OF BEGUR POLICE STATION, CHAMRAJANAGAR IN SPL.C.NO.65/2023 (CR.NO.34/2023) FOR THE ALLEGED OFFENCE P/U/S 376(N) OF IPC, SECTION 5(J)(ii), 5(L), 6, 17, 21 OF POCSO ACT AND SECTION 9 OF PROHIBITION OF CHILD MARRIAGE ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner/accused who has been charge sheeted for the offence punishable under Section 376(2)(N) of IPC, Section 5(J)(ii), 5(L), 6, 17, 21 of POCSO Act, 2012 and Section 9 of Child Marriage Prohibition Act,2006 is before this Court seeking relief. 2. The prosecution alleges that the petitioner/accused, fully knowing that the survivor was a minor, induced her into a physical relationship by promising to marry her. On 15.12.2022, he solemnized his marriage - 3 - NC: 2025:KHC:9770 CRL.P No. 10923 of 2024 with the survivor in a temple and subsequently took her to the house of CW2, and committed forcible sexual intercourse with her. Due to which, the survivor was taken to the hospital for delivery and she gave birth to a male child. 3. The parties, including the survivor, are present before this Court and they have filed an affidavit stating that the sexual intercourse between the survivor and accused was consensual. They were in a relationship, and the survivor and the child are solely dependent on the accused to meet their daily needs. If the accused is convicted after trial, it may result in further hardship and agony for the survivor and the child, rather than serving the interests of justice. 4. The survivor was aged about 17 years old at the time of the incident. As of today, she is about 20 years old, and the child has been staying with the accused. 5. The objective of the POCSO Act is to protect minors from sexual abuse and not to criminalize consensual relationships between adolescents who may not fully understand the consequences of their actions. The petitioner and the survivor come from a lower level socioeconomic background and have limited access to information, which may have deprived them of understanding the full consequences of their consensual sexual intercourse. Although consensual sexual intercourse with a minor is an offence under the POCSO Act, given the facts and circumstances of this case, to secure the ends of justice it - 4 - NC: 2025:KHC:9770 CRL.P No. 10923 of 2024 would be appropriate to quash the impugned proceedings; otherwise, a miscarriage of justice may result for the survivor. 6. In view of the above, the continuation of criminal proceedings against the petitioner would be an abuse of the process of law ORDER i. Accordingly, petition is allowed. ii. The impugned proceedings in Spl.C.No.65/2023 (Cr.No.34/2023) on the file of the Addl. District and Sessions Judge FTSC-I at Chamarajanagar is hereby quashed. iii. The survivor, in her examination-in-chief, did not support the prosecution's case and turned hostile. Even in the statement recorded under Section 164 Cr.P.C., the survivor admitted that the sexual intercourse was consensual, as they were in a relationship. Sd/- (HEMANT CHANDANGOUDAR) JUDGE TIN List No.: 1 Sl No.: 70 CT: BHK