- 1 - NC: 2025:KHC-D:2450 CRL.P No. 100566 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100566 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: RAMESH S/O SHIVAPPA MEGUNDI AGED ABOUT 41 YEARS OCC. LABOURER R/O. HOSAKATTI VILLAGE TQ. KUNDAGOL, DISTRICT DHARWAD KARNATAKA, PIN CODE 581 113. …PETITIONER (BY SRI. VINAYAK MEGUNDI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH KUNDAGOL POLICE STATION REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA DHARWAD-580 011. 2. KAVERI W/O RAYAPPA BELPADI AGED ABOUT 45 YEARS OCC. LABOURER R/O. HOSAKATTI VILLAGE TQ. KUNDAGOL, DISTRICT DHARWAD KARNATAKA PIN CODE 581 113. …RESPONDENTS (BY SRI. PRAVEENA Y. DEVAREDDIYAVARA, HCGP FOR R1; SRI. SACHIN C. ANGADI, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), SEEKING TO ALLOW THIS PETITION AND QUASH THE COMPLAINT, FIR IN CRIME NO.0136/2024 REGISTERED BY KUNDAGOL POLICE, PENDING BEFORE THE FILE IN THE II ADDL.DISTRICT AND SESSIONS JUDGE, DHARWAD FOR THE B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.20 16:40:11 +0530 - 2 - NC: 2025:KHC-D:2450 CRL.P No. 100566 of 2025 OFFENCES PUNISHABLE U/S 376(2)(n) OF IPC AND SECTION 4 AND 6 OF THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012 (POCSO ACT) AND ALL FURTHER PROCEEDINGS PURSUANT TO THEREIN IN RESPECT OF THE PETITIONER HEREIN. 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 learned High Court Government Advocate accepts notice on behalf of respondent No.1-State. 2. The petitioner challenges the registration of the FIR for offences punishable under Section 376(2)(n) of the IPC and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). 3. The second respondent lodged the FIR alleging that the petitioner-accused, fully aware that her daughter was a minor, committed forcible sexual intercourse with her. It is further stated that their marriage was registered in the office of the Sub-Registrar, Kundagol. 4. The petitioner-accused, the second respondent- mother, and the survivor are present before this Court and have filed an application under Section 359 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking compounding of the offences. They state that the petitioner- accused is the brother of the second respondent and that the - 3 - NC: 2025:KHC-D:2450 CRL.P No. 100566 of 2025 survivor is the daughter of the second respondent. Their marriage was performed out of love and affection, without undue influence or coercion, and the sexual relationship between them was consensual. 5. A copy of the marriage registration certificate issued by the Sub-Registrar, Kundagol, has been placed on record, indicating that the marriage of the accused with the survivor was registered on 10.12.2024. It is also submitted that from the said wedlock, they have a male child aged about 2 to 3 months. 6. The application and supporting affidavits are placed on record. 7. The learned High Court Government Pleader opposes the application, arguing that the accused committed forcible penetrative sexual assault on a minor girl and that the material on record clearly establishes the guilt of the accused. He submits that the offences alleged are heinous and constitute a crime against society, which cannot be compounded. 8. The object of the POCSO Act is to protect minors from sexual abuse, not to criminalize consensual relationships between adolescents who engage in sexual intercourse without awareness of the legal consequences. In the present case, the petitioner and the survivor come from a lower socio-economic background with limited access to information and knowledge, depriving them of an understanding of the legal consequences of their consensual relationship. Though sexual intercourse with a minor constitutes an - 4 - NC: 2025:KHC-D:2450 CRL.P No. 100566 of 2025 offence under the POCSO Act, considering the peculiar facts and circumstances of this case, quashing the proceedings would serve the ends of justice, as their continuation would result in miscarriage of justice to the survivor and the child. 9. While it is undisputed that the survivor was a minor at the time of the alleged incident, it is also evident that she is now above 18 years of age and that her marriage with the accused has been solemnized. The survivor and the child are dependent on the accused for their daily needs, and apart from him, there are no other family members to provide for them. If the petitioner-accused is subjected to further investigation, it is highly probable that the police will file a charge sheet, as the survivor was a minor at the time of the incident. This would result in the incarceration of the petitioner-accused, causing misery and hardship to the survivor and the child rather than securing justice for them. 10. In these circumstances, continuation of the criminal proceedings would amount to an abuse of the process of law. Accordingly, the proceedings against the petitioner-accused are quashed. 11. Accordingly, I pass the following: ORDER i) The Criminal petition is allowed. ii) The impugned FIR in Crime No.0136/2024, registered by the Kundagol Police station, on the file of the - 5 - NC: 2025:KHC-D:2450 CRL.P No. 100566 of 2025 Learned II Additional District and Sessions Judge, Dharwad, insofar it relates to the petitioner-accused is hereby quashed. Memo of appearance to be filed with a week. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR CT:NJ List No.: 1 Sl No.: 53