- 1 - NC: 2025:KHC:10013 CRL.P No. 179 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO.179 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: SRI. DARSHAN, SON OF MADHUKUMAR, AGED ABOUT 22 YEARS, RESIDING AT NEAR BETRIA SCHOOL, GOWDANA PALYA, UTTARAHALLI MAIN ROAD, BANGALORE - 560061. …PETITIONER (BY SRI. P.M. GOPI, ADVOCATE FOR SRI. SIDDAMALLAPPA P. M.,ADVOCATE) AND: 1. STATE OF KARNATAKA, BY SOLADEVANAHALLI POLICE STATION, REPRESENTED THROUGH SPP, HIGH COURT BUILDING, BANGALORE - 560 001. 2. SMT. JEEVIKA D.H. WIFE OF DARSHAN, DAUGHTER OF HUCHEGOWDA D.C. AGED ABOUT 18 YEARS, RESIDING AT NEAR BETRIA SCHOOL, GOWDANA PALYA, UTTARAHALLI MAIN ROAD, BANGALORE- 56, PIN CODE - 562 114. …RESPONDENTS (BY SRI. LAKSHMAN B., HCGP FOR R1; Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10013 CRL.P No. 179 of 2025 SRI. B.S. SUDHINDRA, ADVOCATE FOR R2) THIS CRL.P FILED U/S.482 (FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH TH ENTIRE CRIMINAL PROCEEDINGS INITIATED IN SPL.C.NO.545/2023 FOR THE OFFENCES P/U/S 363, 366, 376 IPC R/W 4, 8 AND 9 OF POCSO ACT, IN CRIME NO.234/2022 OF FIRST RESPONDENT SOLADEVANAHALLI POLICE STATION, AS PER ANNEXURE-C. THIS PETITION, COMING ON FOR REPORT SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER Learned HCGP accepts notice for respondent - State. 2. Sri.B.S.Sudhindra, files power on behalf of respondent No.2 - victim. 3. The petitioner who is facing trial for the offences punishable under Sections 363, 366, 376 of IPC and under Sections 4 and 8 of Protection of Children from Sexual Offences Act, 2012 and Section 9 of the Child Marriage Act is before this Court seeking relief. 4. The prosecution alleging that the petitioner - accused fully aware that the respondent No.2 survivor is a minor kidnapped her and had committed forcible sexual intercourse. 5. The petitioner-accused and respondent No.2 are present before this Court and have filed a joint - 3 - NC: 2025:KHC:10013 CRL.P No. 179 of 2025 affidavit stating that the sexual intercourse between them was consensual, as they were in a relationship. 6. The survivor as of the date of incident was 17 years 1 month, and as of today is 19 years and their marriage was solemnized on 13.05.2024 and the same was registered on 25.02.2025 in the office of Sub- Registrar, Kengeri. 7. The survivor further stated that from the said wedlock, a female child was born who is approximately one and a half months old as of today. She added that if the petitioner is subjected to trial, it would likely result in incarceration, causing more misery and agony rather than securing the ends of justice. Moreover, she stated that she and her daughter are solely dependent on the accused for their daily needs. 8. The object of POCSO Act is to protect minors form sexual abuse and not to criminalize the consensual relationship between two adolescents who had consensual sexual intercourse without knowing the consequences. The petitioner and the survivor come from the lower socio economic segment having limited access to information and knowledge, thus depriving them of the consequences in having consensual sexual intercourse. Though having sexual intercourse consensually with the minor is an - 4 - NC: 2025:KHC:10013 CRL.P No. 179 of 2025 offence under the POCSO Act, however, having regard to the facts and circumstances of the case, to secure the ends of justice, it would be appropriate to quash the impugned proceedings, otherwise, it would result in miscarriage of justice to the survivor. 9. In the light of the forgoing discussion, it would be an abuse of process of law that the criminal proceedings are allowed to continue. 10. Accordingly, the following: ORDER (i) The petition is allowed. (ii) The impugned proceedings in Spl.C.C.No.545/2023 on the file of the Additional District and Sessions, FTSC-II, Bangalore Rural District, Bengaluru is hereby quashed. (iii) The bail bond if any, stands discharged. Sd/- (HEMANT CHANDANGOUDAR) JUDGE NS CT:TSM List No.: 1 Sl No.: 41