- 1 - NC: 2025:KHC-D:2252 CRL.P No. 100560 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100560 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. SHRI. SHARAD, S/O. PRAKASH LOKANDE, AGE. 22 YEARS, OCC. PRIVATE WORK, R/O. KOLINDRE, TQ. AJARA, DIST. KOLHAPUR-416505. 2. SMT. SUNITA, W/O. PRAKASH LOKHANDE, AGE. 52 YEARS, OCC. HOUSEWIFE, R/O. KOLINDRE, TQ. AJARA, DIST. KOLHAPUR, PIN-416505 …PETITIONERS (BY SRI. S M MUCHHANDI & SRI S.B.PATIL, ADVOCATES) AND: 1. THE STATE OF KARNATAKA THE POLICE INSPECTOR NIPPANI TOWN POLICE STATION, TALUK. NIPPANI, DISTRICT. BELAGAVI, PIN-591237 R/BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, AT DHARWAD BENCH, PIN-580011 2. SHRI. MOHAN MARUTI CHAVAN, AGE. 41 YEARS, OCC. HOTEL BUSINESS, R/O. GIJAWANE CHAWL, NIPPANI, TQ. NIPPANI, DIST. BELAGAVI-591237 …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1 SRI. MAHANTESH S.HIREMATH, ADVOCATE FOR R2) B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.07 15:50:21 +0530 - 2 - NC: 2025:KHC-D:2252 CRL.P No. 100560 of 2025 THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO CALL FOR THE RECORDS IN SPL. CASE NO. 149/2022 PENDING ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE FTSC-I BELAGAVI AND ALLOW THE PETITION FILED BY THESE PETITIONERS NO.1 AND 2/ ACCUSED NO. 1 AND 2 BY QUASHING THE ENTIRE CHARGE SHEET FILED IN SPL. CASE NO. 149/2022 (NIPPANI TOWN P.S. CRIME NO. 22/2022) U/SEC. 366(A), 376, 109 R/W 34 OF IPC AND SEC. 4, 6, 17 OF POCSO ACT IN SO FAR AS PETITIONER NO. 1 AND 2 AND ACCUSED NO. 1 AND 2 ARE CONCERNED. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioners/accused Nos. 1 and 2, who are facing trial for the offences punishable under Sections 366A, 376, 109 read with Section 34 of the Indian Penal Code, 1860, and Sections 4, 6, and 17 of the Protection of Children from Sexual Offences Act, 2012, are before this Court seeking the quashing of the criminal proceedings initiated against them in Spl. Case No. 149/2022, pending before the Additional District & Sessions Judge, FTSC-I, Belagavi. 2. The prosecution alleges that, on 06.03.2022, Accused No. 1 kidnapped the survivor on a motorcycle by promising to marry her, took her to Khanapur, and kept her in the house of one Vijay Nagappa Kattimani (Accused No. 3), where they stayed for one month. Other accused persons are alleged to have abetted the offence. - 3 - NC: 2025:KHC-D:2252 CRL.P No. 100560 of 2025 3. The petitioners/accused Nos. 1 and 2, the respondent No. 2 – de facto complainant, and the victim are present before the Court. 4. Learned counsel for the petitioners has filed a memo, dated 05.02.2025, along with a Joint Affidavit of the petitioners/accused Nos. 1 and 2 and the respondent No. 2-de facto complainant. In the Joint Affidavit, the petitioners/accused and the de facto complainant have stated that, with the intervention of elderly persons and well-wishers, they have resolved the dispute amicably. As part of the settlement, the respondent No. 2 has agreed to withdraw all allegations made against the petitioners/accused and has no objection to quashing the impugned proceedings. Furthermore, it is stated that the marriage of Accused No. 1 with the victim was solemnized on 13.09.2024 and has been registered with the competent authority at Kolhapur. The Joint Affidavit is placed on record. 5. The learned Additional Government Advocate for the respondent No. 1-State submits that the alleged offences are heinous and are crimes against society, and therefore, the offences cannot be compounded. The learned counsel seeks dismissal of the petition. 6. As of the date of the incident, the survivor was approximately 16 years and 1 month old, and the accused was 19 years old. As of today, the survivor is more than 18 years of age, and the accused is more than 21 years old. A perusal of the charge sheet material indicates that Accused No. 1 and the survivor were - 4 - NC: 2025:KHC-D:2252 CRL.P No. 100560 of 2025 in a relationship, and the intercourse between them was consensual. Both Accused No. 1 and the survivor are married, and from the wedlock, a female child has been born. 7. The survivor and the child are dependent on petitioner/accused No. 1 for their livelihood, and there are no other means of earning. If the criminal proceedings are allowed to continue, it would result in incarceration, causing more misery and agony to the survivor and the child, rather than securing the ends of justice. 8. The object of the POCSO Act is to protect minors from sexual abuse, not to criminalize the consensual relationship between two adolescents who had consensual sexual intercourse without understanding the consequences. The petitioners and the survivor come from a lower socio-economic background with limited access to information and knowledge, which deprived them of understanding the consequences of having consensual sexual intercourse. While having sexual intercourse consensually with a minor is an offence under the POCSO Act, in light of the facts and circumstances of this case, and to secure the ends of justice, it would be appropriate to quash the impugned proceedings. Otherwise, it would result in a miscarriage of justice to the survivor. 9. In the light of the above, the impugned criminal proceedings are required to be quashed. Hence, I pass the following: ORDER i) Accordingly, the criminal petition is allowed. - 5 - NC: 2025:KHC-D:2252 CRL.P No. 100560 of 2025 ii) The impugned criminal proceedings in Spl. Case. No.149/2022 pending on the file of Additional District & Sessions Judge FTSC-I, Belagavi, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE KMS Ct:vh List No.: 4 Sl No.: 4