- 1 - NC: 2025:KHC-D:3761 CRL.P No. 101010 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 101010 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: SRIKANT S/O. DURGAPPA GOLLAR AGE. 20 YEARS, OCC. COOLIE, R/O. GOLLAR ONI, SAVADATTI, TQ. SAVADATTI, DIST. BELAGAVI-591126. …PETITIONER (BY SRI. S.M.MUCHHANDI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THE POLICE INSPECTOR, SHAHAPUR P.S. BELAGAVI CITY, DIST. BELAGAVI-590001, R/BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, AT DHARWAD BENCH-580011. 2. MISS. KAVERI D/O. RUDRAPPA GOLLAR AGE. 19 YERAS, OCC. STUDENT, C/O. DURGAPPA GOLLAR, R/O. GOLLAR ONI, SAVADATTI, TQ. SAVADATTI, DIST. BELAGAVI-591126. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1; SRI. S.B.DEYANNAVAR, ADV. FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO CALL FOR RECORDS IN SPL.CASE NO.495/2024 PENDING ON THE FILE OF ADDL.DISTRICT AND SESSIONS JUDGE, BELAGAVI, AND TO ALLOW THE PETITION OF THIS PETITIONER/ACCUSED BY QUASHING THE ENTIRE CHARGE SHEET AND PROCEEDINGS IN SHAHAPUR P.S. CR.NO.66/2024 U/S 6, 10, 12 OF POCSO ACT AND U/S 376(2)(n), 506 OF IPC, PENDING TRIAL ON THE FILE OF ADDL.DISTRICT AND SESSIONS JUDGE FTSC-I, BELAGAVI IN SPL.CASE NO.495/2024. B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.28 18:16:06 +0530 - 2 - NC: 2025:KHC-D:3761 CRL.P No. 101010 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner/accused, who has been charge-sheeted for offences punishable under Sections 6, 10, and 12 of the POCSO Act, 2012, and Sections 376(2)(n) and 506 of the IPC, is before this Court seeking relief. 2. The prosecution alleges that on 30.06.2024, when the victim complained of stomach pain, she was immediately shifted to KLE Hospital, where doctors opined that she was pregnant. She subsequently delivered a male child, which was stillborn. Upon enquiry, she revealed that the accused was responsible, as he had forcibly engaged in sexual intercourse with her. 3. The petitioner/accused, the complainant, and the parents of the accused are present before this Court and have filed an affidavit stating that the sexual intercourse between the accused and the survivor was consensual. The affidavit further states that, as of the date of the incident, the victim was approximately 18 years and 2 months old, as evidenced by the birth certificate issued by the Corporation and hospital records. The marriage of the accused with the survivor could not be solemnized because the accused has not yet attained 21 years of age. The parents of the accused, who are present before this Court, undertake that the marriage of the accused with the survivor will be solemnized as - 3 - NC: 2025:KHC-D:3761 CRL.P No. 101010 of 2025 soon as the accused attains the age of 21 years. The affidavit is taken on record. 4. A perusal of the charge-sheet material and the statement recorded under Section 164 of the Cr.P.C. indicates that the sexual intercourse between the accused and the survivor was consensual, as they were in a relationship. The accused and the survivor, who are present before the Court, have categorically stated that the survivor is currently residing with the family of the accused. If the petitioner is subjected to trial, it may result in his incarceration, which would cause further misery and agony to the survivor rather than secure justice. 5. The object of the POCSO Act is to protect minors from sexual abuse and not to criminalize consensual relationships between adolescents who engage in sexual intercourse without fully understanding its consequences. The petitioner and the survivor come from a lower socioeconomic background, with limited access to information and awareness, which may have deprived them of a proper understanding of the legal and social implications of their actions. 6. In light of the fact that the survivor was not a minor at the time of the incident and the sexual intercourse between the accused and the survivor was consensual, subjecting the petitioner to trial would be futile, as the probability of his conviction is remote and bleak. Under these circumstances, the continuation of criminal proceedings against the petitioner would amount to an abuse of the process of law. - 4 - NC: 2025:KHC-D:3761 CRL.P No. 101010 of 2025 7. Accordingly, the criminal petition is allowed, and the impugned proceedings in Spl. Case No.495/2024, pending on the file of the learned Additional District & Sessions Judge, FTSC-I, Belagavi, are hereby quashed. Any bail bond, if applicable, is discharged. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR Ct:vh List No.: 3 Sl No.: 2