- 1 - HC-KAR NC: 2025:KHC-D:13424 CRL.P No. 103999 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103999 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: SUNIL S/O LAXMAN LAMANI, AGE. 25 YEARS, OCC. PVT. WORK, R/O. HULIKATTI TANDA, TQ. KALAGHATAGI, DIST. DHARWAD. … PETITIONER (BY SRI. SHARANU NANDOOR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, (PSI HALIYAL POLICE STATION, HALIYAL), REP. BY SPP, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, DHARWAD-580 011. 2. SATTYAVVA W/O. SHIVAPPA MADAR, AGE. 43 YEARS, OCC. COOLIE, R/O. TABAKADAHONNALLI, TQ. KALAGHATAGI, DIST. DHARWAD, NOW AT SATTUR, NEAR IIT COLLEGE, DHARWAD, DIST. DHARWAD-581 204. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. ANNESAHEB SHALAGAR, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS, 2023), PRAYING TO ALLOW THE ABOVE CRIMINAL PETITION BY QUASHING THE ENTIRE PROCEEDINGS PENDING BEFORE THE ADDL. DISTRICT AND SESSIONS JUDGE FTSC-I, U.K. KARWAR, IN HALIYAL P.S. CRIME NO.184/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTION 64 OF BNS AND 6 OF POCSO ACT, IN SO FAR AS THE PETITIONER/ACCUSED IS CONCERNED. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:13424 CRL.P No. 103999 of 2025 THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused in Crime No.184/2025 registered by Haliyal Police Station, Haliyal Circle, Uttara Kannada District, for the offences punishable under Section 64 of BNS, 2023 and Section 6 of POCSO Act, is before this Court under Section 482 of Cr.P.C. read with Section 528 of BNSS, 2023, with a prayer to quash the entire proceedings in the aforesaid case as against him. 2. Heard the learned counsel for the parties. 3. Learned counsel for the petitioner and learned counsel for respondent No.2 jointly submit that dispute between the parties has been amicably settled at the intervention of well wishers of both the parties. Parents and elders of the parties have decided that marriage of the petitioner with the victim girl, who has already attained age of majority, will be performed immediately after the - 3 - HC-KAR NC: 2025:KHC-D:13424 CRL.P No. 103999 of 2025 petitioner is released from custody. As a result of the relationship between the petitioner and the victim girl, she was pregnant and her pregnancy has now been terminated after registration of the FIR. Pendency of this case has been causing untold hardship to the victim girl and she is not in a position to lead normal life even with her parents and relatives. FIR was registered in the present case, after the victim girl was found to be pregnant when she was taken by her mother for her medical examination. As on the said day, the victim was major and the petitioner was ready and willing to marry her, but on wrong advice, the mother of the victim girl had approached the Police and as a result, FIR was registered against the petitioner and he is now in custody. Having realised the mistake committed, the parties are now before this Court seeking permission of this Court to permit them to compound the offences for which FIR has been registered against the petitioner. Accordingly, they pray to allow the petition. - 4 - HC-KAR NC: 2025:KHC-D:13424 CRL.P No. 103999 of 2025 4. Learned HCGP has brought to the notice of this Court that, FIR has been registered in the present case against the petitioner for non compoundable offences. 5. The victim girl is present before this Court along with her parents. They have stated that the settlement between the parties is voluntary, without there being any undue inference and coercion. They have also stated that the petitioner was all along ready and willing to marry the victim girl and only on wrong advice the first informant had approached the Police. The parties who are present before the Court have been identified by their learned advocates. 6. The Order Sheet of the trial Court would reflect that the victim girl had appeared before the trial Court and after verification of her age, the trial Court has recorded in its order sheet that it appears that she is major. As per the prosecution records, the date of birth of the victim girl is 12.06.2007. Therefore, as on the date of registration of the FIR, she was a major. In the order sheet of the trial Court, - 5 - HC-KAR NC: 2025:KHC-D:13424 CRL.P No. 103999 of 2025 it is observed that victim girl had voluntarily approached the Court stating that she wants to marry the accused and she had submitted before the Court that she had left her parents and was residing in her friends’ house. 7. The memorandum of petition filed under Section 320 read with Section 482 of Cr.P.C. is signed by the brother of the petitioner and also by the Victim girl and her mother. The said petition is also signed by the learned advocates appearing for the parties. The petition is supported by the affidavit of the petitioner, which was executed in the presence of the Jailer of District Prison, Karwar and also the affidavit of the brother of the petitioner. In addition to the same, the affidavits of the victim girl and her parents is also filed. 8. In paragraph Nos.2 to 6 of the petition filed by the parties under Section 320 of Cr.P.C., it is stated as follows: “2) It is submitted that the petitioners and the respondent No.2 have amicably settled the - 6 - HC-KAR NC: 2025:KHC-D:13424 CRL.P No. 103999 of 2025 dispute between themselves due to the intervention of elders and now by virtue of the aforesaid compromise, the second respondent is agreed to perform the marriage of her daughter i.e victim girl with the petitioner herein immediately after releasing him from the custody further parties have under take that they will registered the marriage of the petitioner with victim girl before concerned sub-register, soon after registration they will submit the copy of the said marriage registration, hence the Hon'ble court be please to pass suitable order and close the case by quashing the same. 3) That the petitioner and respondent jointly submit that continuation of the above proceedings could not sub serve the ends of justice and so also prosecution would not be taken to its logical end as the matter has been amicably settled between the petitioner and respondent. 4) That the petitioner is in custody since from 30/07/2025 he has filed his affidavit and so also the mother petitioner and his brother have signed this petition and they filed affidavit in support this settlement 5) That the dispute is arising out of the love affairs therefore both parties agreed to solemnized the marriage of victim girl with petitioner accused after releasing him from the custody 6) That both parties are admit the contents of the memorandum of compromise petition as true - 7 - HC-KAR NC: 2025:KHC-D:13424 CRL.P No. 103999 of 2025 and correct and have voluntarily signed the said petition out of their free will and volition and without any threat, force, coercion, or undue-influence and in furtherance of the same, the petitioner and his mother and brother and respondent No.2 have filed their affidavits swearing to the contents of this compromise petition.” 9. In paragraph Nos.4 and 5 of the affidavit of the petitioner, it is stated as follows: “4) I state that myself and victim girl namely Nagamma Shivappa Madar have love appears with each other therefore we both have intended to enter in to marriage but at the time of incident she is minor therefore the respondent No.2 has filed complaint now she has major and we both have decided to enter in to marriage, therefore I am filling this affidavit seeking leave of this Hon'ble court. 5) I state that I have undertake before this Hon'ble court that the proceedings against me is quashed and after releasing me from the custody I am ready to marry the victim girl Namely Nagamma Shivappa Madar who is the daughter of respondent No.2 with her consent and so also I am under take before this Hon'ble court that after our marriage we will registered - 8 - HC-KAR NC: 2025:KHC-D:13424 CRL.P No. 103999 of 2025 the marriage before the concerned Sub- registrar and copy of the registration of Marriage certificate will be produced before this Hon'ble court.” 10. The Hon'ble Supreme Court in the case of GIAN SINGH Vs. STATE OF PUNJAB1 has held that power under Section 482 of Cr.P.C. is required to be exercised to secure the ends of justice and to prevent abuse of process of Court and these powers can be exercised to quash the legal proceedings or complaint or FIR in appropriate cases where the parties have settled their dispute and for that purpose any definite category of offence cannot be prescribed. In the case of PARBATBHAI AAHIR Vs. STATE OF GUJARAT2 the Hon'ble Supreme Court has observed that the powers under Section 482 of Cr.P.C. are not restricted by the provisions outlined under Section 320 of Cr.P.C., which means, the High Court can exercise its inherent powers independently notwithstanding the 1 (2012) 10 SCC 303 2 (2017) 9 SCC 641 - 9 - HC-KAR NC: 2025:KHC-D:13424 CRL.P No. 103999 of 2025 limitations under Section 320 of Cr.P.C. A coordinate bench of this Court in almost identical circumstances in the case of MOHAMMAD WASEEM AHAMAD Vs. STATE3, in view of the settlement arrived between the parties after the accused and the victim got married and the victim had given birth to a child, has quashed the entire proceedings in the criminal case which was pending before the Special Court for similar offences. In the case of AARUSH JAIN Vs. STATE OF KARNATAKA AND ANOTHER4, a Coordinate Bench of this Court has observed as follows: "xxxxxxxxxxx It is an admitted fact that the petitioner and the victim were close friends and were infatuated to each other. Several Courts as quoted hereinabove have considered the impact of hauling an under aged boy into the web of the provisions under the POCSO Act has clearly held that POCSO Act was not meant to punish the accused who were in love with the victims therein. 14. It is a known fact which bear consideration in the aforequoted judgments, in physiological parlance, that adolescence of a child 3 AIR OnLine 2022 KAR 314 4 Crl.P. No.3710/2022, DD: 09.09.2022 - 10 - HC-KAR NC: 2025:KHC-D:13424 CRL.P No. 103999 of 2025 is between 10 to 19 years and young age is said to be between 20 to 24 years. Therefore, adolescence is a continuum of development process in the life of a child metamorphosing into young age or an adult. It would not be inapt to notice that young children or boys who have not yet reached the age of 18 years, many a time, without realizing or being ignorant of the consequences of their act which they perform in the frenzy of youth, emerge themselves as offenders under the provisions of POCSO Act and face serious consequences. Romantic love between a boy and a girl of the age of adolescence sometimes arising out of infatuations result in the boy embroiling himself into the vortex of the provisions of the POCSO Act. 15. The laudable object for which the POCSO Act was brought into effect cannot be forgotten, but that would not mean that it is meant to punish young children who would fall in love and commit such acts which would become punishable under the Act, a caveat, this Court is not painting every incidence of sexual activity of any kind that would become an offence under the POCSO Act, with the same brush, but there are cases of the kind, like the one at hand, where the adolescents have indulged in such acts due to lack of knowledge of consequence of law. xxxxxxxxxxxx". - 11 - HC-KAR NC: 2025:KHC-D:13424 CRL.P No. 103999 of 2025 11. The Hon’ble Supreme Court in the case of MADHUKAR & ORS. Vs. THE STATE OF MAHARASHTRA AND ANR.5 in paragraph No.6 has held as follows: “6. At the outset, we recognise that the offence under Section 376 IPC is undoubtedly of a grave and heinous nature. Ordinarily, quashing of proceedings involving such offences on the ground of settlement between the parties is discouraged and should not be permitted lightly. However, the power of the Court under Section 482 Cr.P.C. to secure the ends of justice is not constrained by a rigid formula and must be exercised with reference to the facts of each case.” 12. No doubt Section 376 of IPC and Sections 4 and 6 of the POCSO Act are non-compoundable under Section 320 of Cr.P.C., however, considering the observation made by the Hon'ble Supreme Court in the cases of GIAN SINGH and PARBATBHAI (supra), that the powers of the High Court under Section 482 of Cr.P.C. are not restricted by the 5 2025 INSC 819 - 12 - HC-KAR NC: 2025:KHC-D:13424 CRL.P No. 103999 of 2025 provisions of Section 320 of Cr.P.C. and the inherent powers under Section 482 of Cr.P.C. can be exercised to quash the FIR or criminal proceedings if this Court is of the considered opinion that continuation of the criminal case is not in the interest of the parties and on the other hand ends of justice would be secured if the criminal proceedings is quashed, notwithstanding the fact that alleged offences are non- compoundable, still this Court in deserving cases can quash the entire proceedings. 13. The Hon'ble Supreme Court in the case of RAMGOPAL AND ANOTHER Vs. STATE OF MADHYA PRADESH6, has held that even in cases involving non compoundable offences where compromise is voluntary and allegations are private in nature, extra ordinary powers of the High Court can be exercised beyond the metes and bounds of Section 320 of Cr.P.C. 6 AIR 2022 (14) SCC 531 - 13 - HC-KAR NC: 2025:KHC-D:13424 CRL.P No. 103999 of 2025 14. The material on record would go to show that the petitioner and the victim girl were in love and as a result of their relationship, the victim girl got pregnant. The Doctor who had medically examined the victim girl when she was taken to the hospital by her mother for her medical examination had informed the mother of the victim girl that the victim girl was pregnant and thereafter, the mother of the victim girl had approached the Police, which had resulted in registration of FIR in the present case. The material on record would go to show that as on the date of registration of FIR, the victim girl was 18 years and 1 month. The parents of both the parties have now decided to perform the marriage of the petitioner with the victim girl and considering the peculiar facts and circumstance of the case and the background in which the FIR came to be registered against the petitioner, who is in now in custody, I am of the considered opinion that the prayer made by the parties to this petition needs to be granted in order to do - 14 - HC-KAR NC: 2025:KHC-D:13424 CRL.P No. 103999 of 2025 complete justice to all the parties. Accordingly, the following: ORDER (i) The Criminal Petition is allowed. (ii) The entire proceedings in Crime No.184/2025 registered by Haliyal Police Station, Haliyal Circle, Uttara Kannada District, for the offences punishable under Section 64 of BNS, 2023 and Section 6 of POCSO Act is quashed. Sd/- (S.VISHWAJITH SHETTY) JUDGE DN & VNP / CT:BCK LIST NO.: 2 SL NO.: 3