- 1 - HC-KAR NC: 2025:KHC:49397 CRL.P No. 16170 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 16170 OF 2025 BETWEEN: SHANKARA G. S/O GANGADHARAPPA, AGED ABOUT 24 YEARS, R/AT #2/238, 1ST FLOOR, 2ND A CROSS, CHOWDESWARI LAYOUT, YALHANKA OLD TOWN AND POST, BENGALURU NORTH DISTRICT, BENGALURU-560 064. …PETITIONER (BY SRI. NAGENDRA B., ADVOCATE) AND: 1. STATE OF KARNATAKA BY MANCHENA HALLI POLICE STATION, REP: BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001. 2. PALLAVI G.N. W/O SHANKAR G., AGED ABOUT 19 YEARS, R/AT #2/238, 1ST FLOOR, 2ND A CROSS, CHOWDESWARI LAYOUT, YALHANKA OLD TOWN AND POST, BENGALURU NORTH DISTRICT, BENGALURU-560 064. …RESPONDENTS Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:49397 CRL.P No. 16170 of 2025 (BY SRI. RAHUL RAI K., HCGP FOR R1; SRI. HONNESHA B.R., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO: (I) CALL FOR RELEVANT RECORDS; (II) QUASH THE ENTIRE PROCEEDINGS ON THE BASIS OF COMPROMISE CRIME NO.108/2024 IN SPL.SC.NO.171/2024, HENCE, BOTH ARE READY TO COMPROMISE THE MATTER. BY THE RESPONDENT MANCHENA HALLI POLICE STATION FOR THE OFFENCES P/U SEC- 363, 344, 376(2)(n) OF IPC AND SEC- 5(L), 6 OF POCSO ACT, AND WHICH IS PENDING ON THE FILE OF ADDL. DISTRICT AND SESSIONS COURT, CHIKKABALLAPURA (FTSC-I), AGAINST THE PRESENT PETITIONER/ACCUSED. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER The entire proceedings in Spl.S.C. No.171/2024 on the file of the Court of Additional District and Sessions Judge, Chikkaballapur (FTSC-1), are sought to be quashed in this petition. 2. Petitioner is the sole accused facing trial for the offence punishable under Section 363, 344, 376(2)(n) of IPC and Section 5(l) and 6 of the POCSO Act, 2012. - 3 - HC-KAR NC: 2025:KHC:49397 CRL.P No. 16170 of 2025 3. It is the case of prosecution that petitioner by inducing the minor victim, kidnapped her on 29.05.2024 at about 04.00 p.m., and repeatedly committed penetrative sexual assault on her. 4. The prosecution is relying on the certificate issued by the Govt. Lower Primary School, Guvvalahalli to prove the age of the victim. As per School records, the date of birth of the victim is 20.10.2006. Hence, as on the date of commission of the alleged offence, the victim girl was 5 months short of attaining majority. Apart from the certificate issued by the school, there is no other documents placed on record to prove the age of the victim. 5. Be that as it may, an application is filed by the learned counsel for petitioner supported with the joint affidavit, signed by the petitioner as well as respondent No.2/Victim (now major) wherein, the parties are seeking to quash the proceedings, on account of the compromise entered between them. - 4 - HC-KAR NC: 2025:KHC:49397 CRL.P No. 16170 of 2025 6. The learned counsel for petitioner as well as respondent No.2 submits that the petitioner and victim girl have married on 04.04.2025 and the marriage is registered on 24.06.2025. Copy of the certificate of registration is enclosed. 7. It is submitted that on attaining majority, the victim girl has married the petitioner and they are living together as husband and wife. The victim girl present in the court submits that in view of the compromise and marriage, she has no objection to allow the petition and quash the proceedings. 8. The Hon'ble Apex Court in an identical situation, in Mahesh Mukund Patel v. State of UP reported in 2025 SCC online SC 614, taking into consideration the settlement, quashed the proceedings, observing that the parties are happily married, no purpose will be served by continuing the prosecution as it will cause undue harassment to the parties. - 5 - HC-KAR NC: 2025:KHC:49397 CRL.P No. 16170 of 2025 9. Having regard to the peculiar facts and circumstances of the case, the continuation of the trial would not serve any meaningful purpose, on the other hand, it will only prolong the distress for the parties concerned, particularly the victim girl, who is now married and residing with the petitioner. Hence, the following: ORDER Petition is allowed. The entire proceedings pending in Spl.SC.No.171/2024 on the file of the Court of Additional District and Sessions Judge, Chikkaballapur, FTSC-1, are quashed. I.A.No.1/2025 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 3 Sl No.: 1