SRI. SHANKAR A. A. JEEVA @ JEEVA v. THE STATE OF KARNATAKA
CRL.P/12714/2025 · 2025-11-18
Mohammad Nawaz
body2025
DailyLaw.ai
[ 2025 DAILYLAW 42384 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 42384 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:47401 CRL.P No. 12714 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.12714/2025 (482(Cr.PC)/528(BNSS))
BETWEEN:
SRI. SHANKAR A. A. JEEVA @ JEEVA SON OF LATE ANJANAPPA, AGED ABOUT 33 YEARS, R/AT 144, HILALIGE GRAMA, ATTIBELE HOBLI, ANEKAL TALUK, CHANDRAPURA PURSABE, BENGALURU-560099. …PETITIONER (BY SRI. PUNITH C., ADV.)
AND:
1.
THE STATE OF KARNATAKA BY HEBBAGODI POLICE STATION, BENGALURU RURAL DISTRICT, REPRESENTED BY SPP, GOVT. OF KARNATAKA, HIGH COURT BUILDING, BENGALURU- 560 001.
2.
SRI SURYA R SON OF LATE RAMESH, AGED MAJOR, RESIDING AT NO.42, NEAR MAATAJI TEMPLE, VENKATESHWAR LAYOUT, 4TH CROSS, B K CIRCLE, BENGALURU -560062.
Digitally signed by LAKSHMI T Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:47401 CRL.P No. 12714 of 2025
3.
VICTIM GIRL CARE OF MUTHAMMA, SINCE MINOR, REP. BY HER GRAND MOTHER, SMT. MUTHAMMA, WIFE OF LATE RAMESH, RESIDING AT NO. 142, VENKATESHWARA LAYOUT, NEAR MATHAJI TEMPLE, JAMBUSAVARI DINNE, BENGALURU-560076. …RESPONDENTS
(BY SRI.ANOOP KUMAR M.V., HCGP FOR R1 SRI AJAY KUMAR C.M., ADV. FOR R2)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE CRIMINAL PROCEEDINGS IN SPL.CASE NO.614/2025 ON THE FILE OF THE ADDL. DISTRICT AND SESSIONS JUDGE (FTSC-I), BENGALURU RURAL DISTRICT AT BENGALURU AGAINST THE PETITIONER FOR THE OFFENCE P/U/S 12 OF THE POCSO ACT AND THE SECTION 9 OF THE CHILD MARRIAGE ACT IN CRIME NO.0357/2025 BY THE HEBBAGODI POLICE AS PER ANNEXURE-A BY ALLOWING THE ABOVE PETITION.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
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HC-KAR NC: 2025:KHC:47401 CRL.P No. 12714 of 2025
ORAL ORDER
The petitioner is seeking to quash the criminal proceedings pending against him in Spl.Case No.614/2025 on the file of Additional District and Sessions Judge (FTSC-I), Bengaluru Rural District at Bengaluru.
2. The charge sheet is filed against the petitioner for the offence punishable under Section 9 of the Prohibition of Child Marriage Act, 2006 and under Section 12 of POCSO Act, 2012.
3. It is the case of the Prosecution that on 12.05.2025, the petitioner, inducing the minor victim aged about 14 years secured her to Chandapura wherein, he married her in Sree Someshwara Temple by tying a turmeric thread around her neck etc.
4. The complaint was lodged by the second respondent, Uncle of the victim, based on which, a case in Crime No.151/2025 was registered at Konanakunte Police Station, Bangalore City for the aforementioned offenses.
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HC-KAR NC: 2025:KHC:47401 CRL.P No. 12714 of 2025
5.
Learned counsel appearing on both sides submit that the parties have settled the matter and in view of the settlement, respondent No.2 and the victim are not interested in proceeding with the case any further.
6. The petitioner/victim along with her grandmother and respondent No.2 are present before the Court. An application accompanied with the joint affidavit of the parties is filed under Section 582 read with Section 359 of the BNSS Act. Paragraphs 4 to 8 of the application are extracted herein:
“4. That the respondent No.2 and 3 agrees to withdraw the Complaint given against the petitioner in Crime No.0151/2025 dated 19.05.2025, which was initially registered before the Konankunte PS and later on the jurisdiction was transferred to Hebbagodi PS for the offence punishable under section 12 of POCSO act and Section 9 of the Child Marriage act in view of the settlement arrived between Petitioner and the Respondent No.2 and 3. The Respondent No.2 further clarifies that no such incident has happened on 12.05.2025 as alleged in the complaint.
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HC-KAR NC: 2025:KHC:47401 CRL.P No. 12714 of 2025
5. That the petitioner agrees to not to interfere with family affairs of respondent No.2 and 3.
6. That both the Petitioner and the Respondent No.2 and 3 jointly request this Hon’ble Court to quash the above criminal proceedings in view of the amicable settlement arrived between them.
7. The Respondent No.2 and 3 agrees to withdraw the complaint in order to secure the interest of the victim girl.
8. That if this application is not allowed, the Petitioner and the Victim girl will be put to untold hardship, injustice, misery and loss and on the other hand no much hardship will be caused to the other side.”
7. According to the prosecution, petitioner married a minor girl on 12.05.2025 in one Sree Somehwara Temple, situated near Bommasandra. The entire case is based on the statement of the complaint and the victim girl.
8. In view of the application and joint affidavit filed before this Court, no useful purpose will be served in keeping the proceedings pending against the petitioner.
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HC-KAR NC: 2025:KHC:47401 CRL.P No. 12714 of 2025
Hence, directing the parties to adhere to the contents of the joint affidavit, the proceedings pending against the petitioner can be closed, to secure the ends of justice. Accordingly, the following:
ORDER
(i) The petition is allowed. (ii) The entire proceedings in Spl.Case No.614/2025 pending on the file of the Court of Additional District and Sessions Judge (FTSC-I), Bangalore Rural District at Bangalore are quashed. (iii) I.A.No.2/2025 for stay is disposed of.
Sd/- (MOHAMMAD NAWAZ) JUDGE
MPK CT:bms List No.: 1 Sl No.: 56