Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:8890 CRL.P No. 14144 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 14144 OF 2024 (482(Cr.PC) / 528(BNSS)-)
BETWEEN:
SRI. DORESWAMY M S/O SRI MAHADEVASHETTY AGED ABOUT 24 YEARS R/AT MEGALAHUNDI GRAMA CHAMARAJNAGAR TALUK CHAMARAJANAGAR 571313 …PETITIONER (BY SRI. SRINIVAS RAO .S.S.,ADVOCATE) AND:
1.
STATE OF KARNATAKA WOENS POLICE STATION CHAMARAJANAGAR REPRESENTED BY SPP HIGH COURT BUILDING BENGALURU 560 001
2.
SMT. KALAVATI M AGED ABOUT 36 YEARS SUPERVISOR CHILD DEVELOPMETN PROJECT OFFICER (CDPO) CHAMARAJANAGAR 571313
3.
SMT. SUMATHI W/O SRI DORESWAMY M D/O SRI SIDDARAJU AGED ABOUT 18 YEARS R/AT MEGALAHUNDI GRAMA CHAMARAJANAGAR TALUK CHAMARAJANAGAR 571313 …RESPONDENTS (BY SRI.THEJESH, HCGP FOR R-1 AND R-2,
Digitally signed by LEELAVATHI S R Location: High Court of Karnataka
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NC: 2025:KHC:8890 CRL.P No. 14144 of 2024
SRI. THIPPESH .H.M .,ADVOCATE FOR R-3)
THIS CRL.P FILED U/S 482 CR.P.C (U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE ENTIRE PROCEEDING IN SC.NO.294/2023, PENDING ON THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS JDUGE FTSC-I, CHAMARAJANAGAR.
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, petitioner has sought for the following relief:-
““Wherefore, the Petitioner respectfully prays that this Hon'ble Court be pleased to quash the entire proceeding in S.C No. 294/2023 pending on the file of the Additional District and Sessions Judge FTSC-I, Chamarajanagar, for the offences punishable under sections 376, 376(2)(n), 376(3) of the Indian Penal Code, 1860 and sections 4, 5(1), 5(j)(2) and 6 of the Protection of Children from Sexual Offences Act, 2000, arising out of Crime No.22/2023 registered by Womens Police Station, Chamarajanagar, in the interest of justice.”
2.
Learned counsel for the petitioner – accused and
learned counsel for respondent No.3 – complainant have filed a Joint Memo duly signed by the petitioner, 3rd respondent and their respective counsel and the same is taken on record.
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NC: 2025:KHC:8890 CRL.P No. 14144 of 2024
3. Petitioner – accused, respondent No.3 and their counsel are physically present before the Court and they admit the contents of the Joint Memo, which reads as under:-
“JOINT MEMO
“The Petitioner and Respondent No.3 respectfully submit as follows:
1. The Petitioner has filed the above Petition seeking to quash the proceedings in S.C No. 294/2023 pending on the file of the Additional District and Sessions Judge, FTSC-1, Chamarajanagar for the offences punishable under Section 376, 376 (2)(n), 376(3) of the Indian Penal Code, 1860 and Section 4, 5(I), 5(j) (2) and Section 6 of the Protection of Children from sexual Offences Act, 2000.
2. The Petitioner and Respondent No.3 have legally married as per the Hindu Marriage Act and the marriage has been registered on 02.07.2024 for having been solemnized on 24.06.2024. The petitioner and Respondent No.3 are living together and raising a child who has attained majority.
3. The 3rd Respondent was born on 20.06.2006 and attained majority on 20.06.2024. The Petitioner and Respondent No.3 are parenting a male child born on 17.01.2023, who is at a tender age requiring the presence of both parents and if the proceedings are not quashed, it would result in grave jeopardy to the life of the mother and the child, who will have to face ignominy at the hands of the society.
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NC: 2025:KHC:8890 CRL.P No. 14144 of 2024
Wherefore, the Petitioner and Respondent No.3 respectfully pray that this Hon'ble Court may be pleased to quash the proceedings in S.C No. 294/2023 pending on the file of the Additional District and Sessions Judge, FTSC-1, Chamarajanagar for the offences punishable under Section 376, 376 (2) (n), 376(3) of the Indian Penal Code, 1860 and Section 4, 5(1), 5(j) (2) and Section 6 of the Protection of Children from sexual Offences Act, 2000 arising out of Crime No. 22/2023 registered by Women Police Station, Chamarajnagar in the interest of justice. ”
4. In view of the aforesaid settlement entered into between the petitioner and 3rd respondent, I pass the following:
ORDER (i) The petition is disposed of in terms of Joint Memo dated 27.02.2025.
(ii) The proceedings in S.C.No.294/2023 (arising out of Crime No.22/2023 of 1st respondent – Police) registered for the offences punishable under Sections 376, 376(2)(n), 376 (3) of IPC and Sections 4, 5(I), 5(j)(2) and 6 of the Protection of Children from Sexual Offences Act, 2000, pending on the file of Additional
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NC: 2025:KHC:8890 CRL.P No. 14144 of 2024
District and Sessions Judge FTSC-I, Chamarajanagar, insofar as the petitioner is concerned are hereby quashed.
Sd/- (S.R.KRISHNA KUMAR) JUDGE
MDS List No.: 2 Sl No.: 37