- 1 - NC: 2025:KHC-D:2524 CRL.P No. 100625 of 2025 C/W CRL.P No. 100627 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. 100625 OF 2025 (482(Cr.PC)/528(BNSS)) C/W CRIMINAL PETITION NO. 100627 OF 2025 IN CRL.P. NO.100625 OF 2025: BETWEEN: RAVINDRA CHIDANAND GADIWADDAR AGE. 29 YEARS, OCC. FARMER, R/O. KARAGAON, TQ. CHIKKODI, DIST. BELAGAVI-591226. …PETITIONER (BY SRI. SHIVA SHIRUR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA R/BY THROUGH BELAGAVI CITY WOMEN P.S. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH DHARWAD-580011. 2. SONALI D/O. BHARAMA MANJALKAR AGE. 20 YEARS, OCC. HOUSEWIFE, R/O.CHIDAMBAR NAGAR, ANAGOL, TQ. AND DIST. BELAGAVI-580007. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1; SRI. SANTOSH B.MALLIGAWAD, ADV. FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO, QUASH THE FIR IN BELAGAVI CITY WOMEN P.S. CRIME NO.45/2024 PENDING ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE, FAST TRACK COURT-1, AT BELAGAVI FOR THE OFFENCE P/U/SEC. 4, 6, 12 OF POCSO ACT 2012 AND SEC. 65(1) OF THE BNS AND SEC. 9, 10, AND 11 OF PROHIBITION OF CHILD MARRIAGE ACT IN SO FAR AS PETITIONER/ACCUSED NO.1 IS CONCERNED. B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.11 15:51:41 +0530 - 2 - NC: 2025:KHC-D:2524 CRL.P No. 100625 of 2025 C/W CRL.P No. 100627 of 2025 CRL.P. NO.100627 OF 2025: BETWEEN: 1. CHIDANAND GADIWADDAR AGE. 59 YEARS, OCC. FARMER, R/O. KARAGAON, TQ. CHIKKODI, DIST. BELAGAVI-591226. 2. SUREKHA W/O. CHIDANANDA GADIWADDAR AGE. 49 YEARS, OCC. FARMER, R/O. KARAGAON, TQ. CHIKKODI, DIST. BELAGAVI-591226. 3. NANDA W/O. SHIVARAJ GADIWADDAR AGE. 33 YEARS, OCC. FARMER, R/O. DUBBADAL, TQ. GOKAK, DIST. BELAGAVI-591307. 4. SHIVARAJ GADIWADDAR AGE. 39 YEARS, OCC. PRIVATE, R/O. DUBBADAL, TQ. GOKAK, DIST. BELAGAVI-591307. 5. KANCHANA D/O. CHIDANAND GADIWADDAR AGE. 23 YEARS, OCC. FARMER, R/O. KARAGAON, TQ. CHIKKODI, DIST. BELAGAVI-591226. 6. TIMMANNA GADIWADDAR AGE. 43 YEARS, OCC. BUSINESS, R/O. KARAGAON, TQ. CHIKKODI, DIST. BELAGAVI-591226. 7. MARUTI GADIWADDAR AGE. 40 YEARS, OCC. FARMER, R/O. KARAGAON, TQ. CHIKKODI, DIST. BELAGAVI-591226. …PETITIONERS (BY SRI. SHIVA SHIRUR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH BELAGAVI CITY WOMEN POLICE STATION, - 3 - NC: 2025:KHC-D:2524 CRL.P No. 100625 of 2025 C/W CRL.P No. 100627 of 2025 R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011. 2. SONALI D/O. BHARAMA MANJALKAR AGE. 20 YEARS, OCC. NIL, R/O.CHIDAMBAR NAGAR, ANAGOL, TQ. AND DIST. BELAGAVI-580007. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1; SRI. SANTOSH B.MALLIGAWAD, ADV. FOR R2) THIS CRIMINAL PETITION IS FILED U/SE. 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO QUASH THE PCR NO. 6/2024 PENDING ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-1, BELAGAVI DATED 30.07.2024 FOR THE OFFENCES P/U/SEC. 4, 6, 12 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT-2012 AND SEC. 65 (1) OF THE BNS AND SEC. 9,10, AND 11 OF PROHIBITION OF CHILD MARRIAGE ACT IN SO FAR AS PETITIONERS/ACCUSED NO.2 TO 8 ARE CONCERNED. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioners herein have filed the present petitions challenging the criminal proceedings initiated against them for the offences punishable under Sections 4, 6, and 12 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as ‘the POCSO Act’), Section 65(1) of the Bharatiya Nyaya Sanhita, 2023, and Sections 9, 10, and 11 of the Prohibition of Child Marriage Act, 2006 (hereinafter referred to as ‘the PCMA’). 2. Respondent No.2 has filed a private complaint under Section 200 of the Code of Criminal Procedure, 1973 (hereinafter - 4 - NC: 2025:KHC-D:2524 CRL.P No. 100625 of 2025 C/W CRL.P No. 100627 of 2025 referred to as ‘Cr.P.C.’) on 30.07.2024, alleging that accused Nos.2 to 6, despite knowing that she was a minor, facilitated and solemnized her marriage with accused No.1 on 28.12.2018. The trial Court, upon receipt of the complaint, referred the matter to the police for investigation under Section 156(3) of the Cr.P.C. Pursuant to the investigation, an FIR was registered, and accused No.1 is currently in judicial custody. 3. Accused Nos.2 to 7 and Respondent No.2 (the complainant) are present before this Court and have filed an application seeking compounding of the offences, stating that they have amicably resolved their dispute. The complainant has categorically stated that: i) As of the date of the alleged incident, she was 18 years of age. ii) As of today, she is 25 years old. iii) From the wedlock, a four-year-old girl child has been born. iv) She has voluntarily agreed to withdraw all allegations against the accused persons and has no objection to the quashing of the criminal proceedings. 4. The complainant has further stated that both she and her minor child are financially dependent on accused No.1 for their daily needs. She has expressed that the continuation of the investigation and trial would cause her unnecessary hardship, misery, and agony, rather than serving the ends of justice. - 5 - NC: 2025:KHC-D:2524 CRL.P No. 100625 of 2025 C/W CRL.P No. 100627 of 2025 5. The Aadhaar card of the complainant has been placed on record, which indicates that her date of birth is 18.03.2000, and her marriage was solemnized on 28.12.2018. This documentary evidence clearly establishes that she was above 18 years of age at the time of marriage. 6. Although the offences alleged are cognizable and non- compoundable, the Supreme Court, in various judgments, has held that in exceptional circumstances, the High Court may exercise its inherent jurisdiction under Section 482 of the Cr.P.C. to quash proceedings if the continuation of the same would amount to an abuse of process of law and the chances of conviction are remote and bleak due to a settlement between the parties. ORDER i) The criminal petitions are allowed. ii) The impugned First Information Report in Crime No.45/2024 registered by Belagavi City women Police Station is hereby quashed. iii) Accused No.1 is to be released forthwith from judicial custody, if he is not required for in any other cases. Sd/- (HEMANT CHANDANGOUDAR) JUDGE AC List No.: 11 Sl No.: 2