- 1 - NC: 2025:KHC-D:2603 CRL.P No. 100640 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO.100640 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: SHRI. MALU S/O. APPU PINGALE AGE. 22 YEARS, OCC. MASON, R/O. NERASA CHAPAWADA, GAWALIWAD, TQ. KHANAPUR, DIST. BELAGAVI-591302. …PETITIONER (BY SRI. S.M. MUCHHANDI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THE POLICE INSPECTOR KHANAPUR, TALUK. KHANAPUR, DISTRICT. BELAGAVI-591302, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, AT. DHARWAD BENCH-580011. 2. SMT. RITA RAYMAN FERNANDES AGE. 42 YEARS, OCC. ASHA WORKER, R/O. MANTURGA, NEAR CHURCH, TQ. KHANAPUR, DIST. BELAGAVI-591302, CDPO, KHANAPUR, DIST. BELAGAVI-591302. 3. SMT. SHAKUNTALA W/O. MALU PINGALE (D/O. GOVIND NINU PUJARI), AGE. 20 YEARS, OCC. HOUSEWIFE, R/O. NERASA, CHAPAWADA, GAWALIWAD, TQ. KHANAPUR, DIST. BELAGAVI-591302. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1 SRI. MAHANTESH S.HIREMATH, ADVOCATE FOR R3) Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.13 11:17:40 +0530 - 2 - NC: 2025:KHC-D:2603 CRL.P No. 100640 of 2025 THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO, CALL FOR RECORDS IN SPL.CASE NO.257/2022 PENDING TRIAL ON THE FILE OF ADDL.DISTRICT AND SESSIONS JUDGE, FTSC-I, BELAGAVI AND ALLOW THE PETITION FILED BY THIS PETITIONER/ACCUSED BY QUASHING THE ENTIRE CHARGE SHEET AND PROCEEDINGS IN SPL.CASE NO.257/2022 IN (KHANAPUR P.S. CRIME NO.158/2022) U/S 376(2)(n) OF IPC AND SECTION 6 OF POCSO ACT, PENDING TRIAL ON THE FILE OF ADDL.DISTRICT AND SESSIONS JUDGE, FTSC-I, BELAGAVI. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. Sri T. Hanumareddy, learned Additional Government Advocate, accepts notice on behalf of respondent No.1 - State. 2. Sri Mahantesh S. Hiremath, learned counsel, has filed vakalathnama on behalf of respondent No.3. 3. The petitioner is being prosecuted for offences punishable under Section 376(2)(n) of the Indian Penal Code, 1860, and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (“POCSO Act”). 4. The prosecution alleges that respondent No.2 - complainant received a phone call from one Smt. Satyawati Desai, an ASHA Karyakarte, informing that a newborn baby, approximately 2 to 3 days old, had been abandoned in the Chapewad Village area. The complainant instructed her to shift the baby to Khanapur Hospital. Upon reaching the hospital and making inquiries with the Medical Officer, the complainant was informed that the male baby was approximately 2 to 3 days old and in good - 3 - NC: 2025:KHC-D:2603 CRL.P No. 100640 of 2025 health. Subsequently, the complainant lodged a report alleging that unknown individuals had deserted the newborn and sought appropriate legal action. 5. Based on the complaint, the police registered a case against unknown persons and, during the course of investigation, traced the baby’s mother, respondent No.3, on 01.09.2022. It is alleged that respondent No.3 gave a statement before the police stating that the petitioner/accused had engaged in sexual intercourse with her under the false promise of marriage, which resulted in her pregnancy. However, the accused later refused to marry the survivor. 6. During trial, respondent No.3 (survivor) was examined as P.W.2, her father as P.W.3, and her mother as P.W.4. In their examination-in-chief, they turned hostile, and nothing substantial was elicited in the cross-examination to discredit their statements. The survivor was 16 years old, and the accused was 19 years old at the time of the alleged incident. The materials on record indicate that they were in a relationship, and the alleged sexual intercourse was consensual. 7. The petitioner/accused and respondent No.3-survivor, represented by their respective counsel, are present before this Court. 8. The learned counsel for the petitioner has filed a Memo dated 10.02.2025, along with a Joint Affidavit sworn by the petitioner/accused and respondent No.3-survivor. In the Joint - 4 - NC: 2025:KHC-D:2603 CRL.P No. 100640 of 2025 Affidavit, both parties have stated that they have amicably resolved the dispute and that their marriage was solemnized on 22.10.2024 in the presence of their family elders. The marriage was subsequently registered on 08.11.2024 at the Office of the Registrar of Marriages, Khanapur. It is further stated that they are leading a happy marital life. The Joint Affidavit is placed on record. 9. Respondent No.3 (survivor), who is present before the Court, has expressed her desire to withdraw all allegations made against the petitioner/accused. She has no objection to quashing the impugned criminal proceedings. She further submits that she is financially dependent on the petitioner for her livelihood, has no other means of sustenance, and that if the criminal proceedings are allowed to continue, the resulting incarceration of the petitioner would cause immense hardship to her rather than serving the ends of justice. 10. The learned Additional Government Advocate appearing for respondent No.1 - State opposes the petition, contending that the alleged offences are heinous crimes against society and cannot be compounded. He, therefore, prays for the dismissal of the petition. 11. The object and intent of the POCSO Act is to protect minors from sexual exploitation and abuse and not to criminalize consensual relationships between two adolescents who lack awareness of the legal consequences of their actions. The present case involves individuals from a lower socio-economic background, with limited access to information and education, which deprived - 5 - NC: 2025:KHC-D:2603 CRL.P No. 100640 of 2025 them of knowledge regarding the consequences of engaging in a consensual relationship. 12. Although engaging in sexual intercourse with a minor constitutes an offence under the POCSO Act, in the peculiar facts and circumstances of this case, continuation of the criminal proceedings would result in grave injustice to the survivor rather than serving the intended purpose of the legislation. 13. In view of the above discussion, this Court is of the opinion that allowing the criminal proceedings to continue would amount to miscarriage of justice. Hence, I pass the following: ORDER i) Accordingly, the criminal petition is allowed. ii) The impugned criminal proceedings in Spl. Case No.257/2022 pending on the file of Additional Sessions Judge FTSC-I, Belagavi, is hereby quashed. Pending I.As., if any, do not survive for consideration and are disposed of accordingly. Sd/- (HEMANT CHANDANGOUDAR) JUDGE KMS Ct:vh List No.: 3 Sl No.: 1