- 1 - NC: 2025:KHC-D:3966 CRL.P No. 101114 of 2025 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. 101114 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: SRI. GANESH S/O BHARATSINGH RAJAPUT, AGE: 35 YEARS, OCC: AGRICULTURE, R/O: KALLOL VILLAGE-591 244, TAL: CHIKODI, DIST: BELAGAVI. … PETITIONER (BY SRI. RAJENDRA R. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH ANKALI POLICE STATION, NOW REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD, BENCH AT DHARWAD-580 011. 2. SRI. ANIL S/O GANAPATI NIVAS, AGE: 33 YEARS, OCC: COOLIE, R/O: KALLOL-591 244, TAL: CHIKODI, DIST: BELAGAVI. 3. SHIVAPPA S/O. NARAYAN GHORPADE, AGE: 33 YEARS, OCC: KOOLI, R/O: KALLOL-591 244, TQ: CHIKKODI, DIST: BELAGAVI. … RESPONDENTS (BY SRI. PRAVEENA Y. DEVAREDDIYAVARA, HCGP FOR R1; SRI. VIDYASHANKAR, G. DALWAI, ADVOCATE FOR R2 AND R3) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN SPL. CASE NO.215/2024 (CRIME NO.30/2024 ANKALI PS) PENDING ON THE FILE OF COURT OF I ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-I (POCSO COURT), BELAGAVI REGISTERED FOR MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka, Dharwad Bench Date: 2025.03.03 12:58:46 +0530 - 2 - NC: 2025:KHC-D:3966 CRL.P No. 101114 of 2025 THE OFFENCE P/U/S 354(A), 354(D) AND 509 OF IPC, SECTION 12 OF POCSO ACT AND SECTION 3(2)(va) OF SC/ST (POA) ACT, ORDER SHEET MARKED AT ANNEXURE-A IN SO FAR AS PETITIONER/ACCUSED IS CONCERNED, IN THE INTEREST OF JUSTICE. THIS PETITION IS COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The learned Additional Government Advocate accepts notice on behalf of Respondent No.1. 2. The petitioner, who is facing trial for offences punishable under Sections 354(A), 354(D), and 509 of the Indian Penal Code; Section 12 of the Protection of Children from Sexual Offences Act, 2012; and Section 3(2)(va) of the SC/ST Act, is before this Court seeking relief. 3. The prosecution alleges that the petitioner, fully aware that the complainant’s daughter was a minor, abused her and outraged her modesty. It is further alleged that the survivor was approximately 15 years old at the time of the incident. 4. The accused and the de facto complainant are present before the Court and have filed an application for compounding of offences, stating that they have amicably resolved their dispute. Under the terms of their settlement, the de facto complainant has agreed to withdraw all allegations against the petitioner and has no objection to quashing the proceedings. - 3 - NC: 2025:KHC-D:3966 CRL.P No. 101114 of 2025 5. Although the offences alleged against the petitioner are cognizable and non-compoundable, the amicable resolution between the parties renders further trial unnecessary. Moreover, the victim and the de facto complainant are unlikely to support the prosecution’s case, making the probability of the petitioner’s conviction remote. In these circumstances, the continuation of criminal proceedings against the petitioner would amount to an abuse of the process of law. Accordingly, I pass the following: ORDER i) The petition is allowed. ii) The impugned proceedings in Spl.Case No.215/2024 pending on the file of the learned I Addl. District and Sessions Judge, FTSC-I (POCSO Court), Belagavi, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM CT:BCK List No.: 2 Sl No.: 2