- 1 - NC: 2025:KHC-D:3967 CRL.P No. 100904 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100904 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: VINAYAK S/O. HANAMAPPA BHAJANTRI AGE. 20 YEARS, OCC. PRIVATE WORK, R/O. BIDARAHALLI, TQ. MUNDARGI AND DIST. GADAG-582118. …PETITIONER (BY SRI. K.L.PATIL AND SRI. S.S.BETURMATH, ADVOCATES) AND: 1. THE STATE OF KARNATAKA THROUGH MUNDARGI P.S. GADAG, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011. 2. SHARIFSAB S/O. HUSENSAB NADAF AGE. 49 YEARS, OCC. PRIVATE WORK, R/O. BIDRAHALLI, TQ. MUNDARGI, DIST. GADAG-582118. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1; SRI. ABHINANDAN GUNDWADE, ADV. FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO, QUASHING THE ENTIRE PROCEEDINGS INITIATED AGAINST PETITIONER IN MUNDARGI WOMEN PS CRIME NO.164/2022 PENDING ON THE FILE OF ADDL.DISTRICT AND SESSIONS JUDGE, GADAG, AT GADAG WHICH IS REGISTERED AS SC NO.1/2023 FOR OFFENCES PUNISHABLE U/S 363, 344, 376(2)(n) OF IPC AND SECTION 4 AND 6 OF POCSO IN SO FAR THE PRESENT PETITIONER/ACCUSED IS CONCERNED. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka, Dharwad Bench Date: 2025.03.03 12:58:45 +0530 - 2 - NC: 2025:KHC-D:3967 CRL.P No. 100904 of 2024 ORAL ORDER 1. The petitioner, who is currently facing trial for offences under Sections 363, 344, and 376(2)(n) of the Indian Penal Code (IPC) and Sections 4 and 6 of the POCSO Act, is before this Court seeking relief by quashing the impugned proceedings. 2. The prosecution alleges that the petitioner, fully knowing that the complainant’s daughter was a minor, kidnapped her and committed forcible sexual intercourse with her. 3. However, both the survivor and the petitioner have filed an application for compounding of offences, stating that the sexual intercourse was consensual. They further assert that their marriage was solemnized on 17 January 2025 and duly registered in the office of the Registrar of Marriages, Gadag. The survivor, who is 20 years old, has expressly stated that she has no objection to quashing the criminal proceedings. 4. Moreover, the survivor is dependent solely on the petitioner for her livelihood, with no alternative means of support or caretaker available. It is argued that if the criminal proceedings continue and the petitioner is incarcerated, this will result in additional hardship and suffering for the survivor rather than ensuring the ends of justice. 5. It is well established that the primary objective of the POCSO Act is to protect minors from sexual abuse, not to criminalize consensual relationships between adolescents who may not fully understand the consequences of their actions. The - 3 - NC: 2025:KHC-D:3967 CRL.P No. 100904 of 2024 petitioner and the survivor come from a lower socio-economic background and have limited access to information and legal awareness, which may have contributed to their inability to fully comprehend the legal and social implications of their conduct. 6. Although sexual intercourse with a minor is an offence under the POCSO Act, the specific facts and circumstances of this case—particularly the survivor’s subsequent marriage to the petitioner—indicate that continuing criminal proceedings would be both unnecessary and likely to result in a miscarriage of justice. 7. In view of these considerations, the continuation of criminal proceedings against the petitioner constitutes an abuse of the process of law. 8. Therefore, the petition is allowed, and the impugned proceedings in SC No.1/2023, pending on the file of the learned Additional District and Sessions Judge, Gadag, are hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM Ct:vh List No.: 2 Sl No.: 5