- 1 - NC: 2025:KHC:7972 WP No. 29939 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 29939 OF 2024 (GM-RES) BETWEEN: 1. MANJUNATH @ MANJU M SON OF MUTHAPPA, AGED ABOUT 24 YEARS. 2. SMT. RASHMITHA G.R WIFE OF MANJUNATH @ MANJU.M, AGED ABOUT 20 YEARS, BOTH PETITIOENRS ARE R/AT GUNDALAMANDIKAL VILLAGE, CHICKBALLAPUR TALUK, PIN- 562101 …PETITIONERS (BY SRI. ALLAH BAKASH M., ADVOCATE) AND: 1. STATE OF KARNATAKA SUB-INSPECTOR OF POLICE PERESANDRA POLICE STATION DISTRICT: CHIKKABALLAPURA REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BENGALURU - 560 001. Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:7972 WP No. 29939 of 2024 2. SMT. KANTHAMMA W/O RAMANJINAPPA, AGED ABOUT 37 YEARS, R/O GUNDLAMANDI VILLAGE, TALUKA AND DISTRICT, CHIKKABALLAPURA PIN 562 101. …RESPONDENTS (BY SRI. THEJESH, HCGP FOR R1; SRI. RAGHAVENDRA M., ADVOCATE FOR R2) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE CR.P.C. PRAYING TO QUASH THE CHARGE SHEET IN SPL.SC.107/2022, DATED. 16.08.2022, FOR OFFENCES U/S 363 AND 376(3) OF IPC, SECTION 4 AND 6 OF POCSO ACT AND SECTION 3(1)(W) AND 3(2)(V) OF SC/ST(POA) ACT, PENDING ON THE FILE OF ADDL. SESSIONS JUDGE FAST TRACK SPECIAL COURT FTSC-1 (POCSO) AT CHIKKABALLAPURA VIZ ANNEXURE-A AND ETC. 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 have sought for the following reliefs:- - 3 - NC: 2025:KHC:7972 WP No. 29939 of 2024 "a. Issue a writ, order, direction, or writ of certiorari quashing the charge sheet in Spl.S.C.107/2022, dated:16.08.2022, for offences U/s.363 AND 376(3) OF IPC, SECTION 4 AND 6 OF POCSO ACT AND SECTION 3(1)(w) AND 3(2)(v) OF SC/ST (POA) ACT, pending on the file of Addl. Sessions Judge Fast Track Special Court FTSC-1 (POCSO) at Chikkaballapura. Viz Annexure-A b. Issue a writ, order, direction, or writ of certiorari quashing FIR in crime no.131/2022 of Peresandra police station for the offences punishable under Section 363, 376(3) of IPC, 4 and 6 of Protection of Children from Sexual Offences Act 2012 and 3(1)(w),3(2)(v) of The Schedule Caste/Schedule Tribe (Prevention of Atrocities) Act 1989.viz Annexure-A1 c. Issue a writ, order, direction, or writ of certiorari quashing complaint dated: 16.06.2022, lodged by SMT. KANTHAMMA, respondent no.2 in Peresandra Police Station, in crime no.131/2022 viz Annexure-A2 d. Issue a writ, order, direction, or writ or certiorari quashing cognizance taken dated:12.09.2022 by the Addl District sessions judge, FTSC-I, Chikkaballapura without judicial application of mind viz Annexure-A3. e. such other relief as this Hon'ble court deems fit, in the interest of justice and equity." 2. Learned counsel for the petitioners and learned counsel for respondent No.2 – complainant have filed the memorandum of application duly signed by the petitioners, 2nd respondent and their respective counsel and the same is taken on record. - 4 - NC: 2025:KHC:7972 WP No. 29939 of 2024 3. Petitioners and their counsel and counsel for respondent No.2 are physically present before the Court and they admit the contents of the memorandum of application, which reads as under:- “MEMORANDUM OF APPLICATION U/S.SECTION 320(6) AND (8) R/W 482 OF CR.P.C. The petitioners humbly submit as follows; 1. The petitioners are aggrieved by the filing of charge sheet in Spl.SC.107/2022, dated:16.08.2022, for offences U/s.363 AND 376(3) OF IPC, SECTION 4 AND 6 OF POCSO ACT AND SECTION 3(1)(W) AND 3(2)(V) OF SC/ST (POA) ACT, pending on the file of Addl. Sessions Judge Fast Track Special Court FTSC-1 (POCSO) at Chikkaballapura, and further FIR in crime no.131/2022 of Peresandra police station for the offences punishable under Section 363, 376(3)of IPC, 4 and 6 of Protection of Children from Sexual Offences Act 2012 and 3(1)(w),3(2)(v) of The Schedule Caste/ Schedule Tribe (Prevention of Atrocities) Act 1989 and complaint dated:16.06.2022 lodged by SMT. KANTHAMMA , respondent no.2 in Peresandra Police Station, and cognizance taken dated:12.09.2022 by the Addl District Sessions judge, FTSC-I, Chikkaballapura without judicial application of mind viz Annexure-A, A1, A2, and A3. 2. The petitioner no.1 is accused and the 2nd petitioner is victim, and the respondent no.2 is informant/complainant, mother of the petitioner no.2/victim and mother in law of petitioner no.1 3. The marriage of accuse no.1 & 2 (petitioners) is saved, to maintain peace and harmony and petitioners marriage reunion and they intend to lead-life peacefully residing together, and due to above case, - 5 - NC: 2025:KHC:7972 WP No. 29939 of 2024 the petitioner no.1 was sent to the judicial custody, and is enlarged on bail. The petitioners are known to each other since 3year and they were in serious love relationship, unfortunately when there was protest from the family members of both family, and due to misunderstand the above criminal case is registered in heat and differences between them and vengeance. 4. The petitioners are husband and wife today, after all the differences were removed and they both Married on 28.08.2024, it was an arrange marriage now by the acceptance of all the family members of both the families and the marriage is registered under Hindu marriage act, and all are living together peacefully. 5. The accused no.1 has senior citizen parents, sisters at home, he has responsibility at home, he is sole bread earner. 6. The petitioner no.1 shall not restrict petitioner no.2, from contacting or meeting or sending to her parents respondent no.2 nor misbehave or demand anything in form of money or Gift from the respondent no.2 nor petitioner no.2 and he shall give all the happiness till his last breath and not make any act detrimental to interest of parties and relationship. 7. The petitioners and the respondent no.2 have resolved the differences out of the court the settled the matter, do not intend to prosecute the above as such continue of the case is abuse of process of law and waste of time and energy of judiciary, and all. 8. The petitioners and respondent no.2 have resolved differences, in the presence of the elders and they have decided to live happily and peacefully, and they are friendly and they are living peacefully together and petitioners already compromised from the above misunderstanding with the respondent no.2. As such above FIR, complaint, charge sheet may be quashed - 6 - NC: 2025:KHC:7972 WP No. 29939 of 2024 for the peaceful continuation of their cordial marriage relationship of the parties and it would be for maintaining good relationship between the parties for future. 9. Both the petitioners and the respondent no.2 have resolved the differences out of the court and the settled the matter, do not intend to prosecute the above as such continue of the case is abuse of process of law and waste of time and energy of judiciary. 10. When the parties are close friends and relatives and when the dispute between the parties has been amicably settled even though the offence for which the accused is non compoundable taking into the totality of the facts and circumstances, this Hon’ble court has power to compound the offences. 11. The petitioners are entirely innocent of the alleged offence and they have been falsely implicated in the above case by the respondent police, the entire materials placed on record does not make out any prima facie case against them and there is no over act which is attributed against petitioners, there is no iota of evidence against this petitioner no.1 for the alleged offences. 12. The respondent No 2 hereby withdraws allegations leveled against the petitioner no.1. 13. They have settled the dispute with the petitioners on the advice and intervention of well-wishers of both the parties. 14. The settlement arrived between them is voluntary and without there being any undue influence or coercion. PRAYER WHEREFORE, the petitioners humbly pray that this Hon'ble court may kindly be pleased to; - 7 - NC: 2025:KHC:7972 WP No. 29939 of 2024 Issue a Writ, order, direction or writ of certiorari quashing by compounding for the offences charge sheet in Spl.SC.107/2022, dated:16.08.2022, for offences U/s.363 AND 376(3) OF IPC, SECTION 4 AND 6 OF POCSO ACT AND SECTION 3(1)(W) AND 3(2)(V) OF SC/ST (POA) ACT, pending on the file of Addl. Sessions Judge Fast Track Special Court FTSC-1 (POCSO) at Chikkaballapura, and further FIR in crime no.131/2022 of Peresandra police station for the offences punishable under Section 363, 376(3) of IPC, 4 and 6 of Protection of Children from Sexual Offences Act 2012 and 3(1)(w),3(2)(v) of The Schedule Caste/Schedule Tribe (Prevention of Atrocities) Act 1989 and complaint dated:16-06-2022, lodged by SMT. KANTHAMMA, respondent no.2 in Peresandra Police Station, and cognizance taken dated:12.09.2022 by the Addl District sessions judge, FTSC-I, Chikkaballapura against the petitioner no.1/accuse and acquit the petitioner no.1/accuse in the interest of justice and equity. Such other reliefs as this Hon'ble court deems fit in the interest of justice and equity." 4. In view of the aforesaid settlement entered into between the petitioners and 2nd respondent, I pass the following: ORDER (i) The petition is disposed of. (ii) The proceedings in Spl.SC.No.107/2022 dated 16.08.2022, pending on the file of the Additional Sessions Judge Fast Track Special Court FTSC-1 - 8 - NC: 2025:KHC:7972 WP No. 29939 of 2024 (POCSO), Chikkaballapura, insofar as the petitioners are concerned, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE SJK List No.: 3 Sl No.: 11 CT:SNN