- 1 - NC: 2025:KHC-D:3844 CRL.P No. 101080 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 101080 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. SANJU S/O. DUNDAPPA PATIL AGE. 25 YEARS, OCC. COOK, R/O. PRESENT AT KHANADAL, TQ. GADAINGLAJ KOLHAPUR, DIST. MAHARASTRA-416216. 2. GURAGOUDA S/O. IRAGOUDA PATIL AGE. 45 YEARS, OCC. FARMER, R/O. PRESENT AT HITANI TQ. GADINGLAJ, DIST. KOLHAPUR MAHARASTRA-416216. …PETITIONERS (BY SRI. MAHANTESH S.HIREMATH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH HUKKERI POLICE STATION, REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH. 2. DHAREPPA S/O. BASAVANN PATIL AGE. 47 YEARS, OCC. FARMER, R/O. SHIRADAN, TQ. HUKKERI, DIST. BELAGAVI-591309. 4. LAXMI D/O. DHAREPPA PATIIL AGE. 19 YEARS, OCC. HOUSEWIFE, R/O. SHIRADAN, TQ. HUKKERI, DIST. BELAGAVI-591309. …RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, AGA FOR R1; SRI. VINAYKUMAR M.SHETTY, ADV. FOR R3) B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka, Dharwad Bench Date: 2025.03.01 12:14:23 +0530 - 2 - NC: 2025:KHC-D:3844 CRL.P No. 101080 of 2025 THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO, ALLOW THIS PETITION AND QUASH ENTIRE FURTHER PROCEEDING IN SPL.CASE NO.493/2023 FOR OFFENCE P/U/S 376(2)(n) OF IPC AND 4, 6, 17 OF POCSO ACT 2012, IN RESPECT OF ACCUSED NO.1 AND 2 OF ON THE FILING BEFORE ADDL.DISTRICT AND SESSIONS JUDGE, FTSC-1, BELAGAVI ARISING OUT OF CRIME NO.67/2023 HUKKERI PS. 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. Learned Addl. Government Advocate accepts notice for respondent No.1. Sri. Vinaykumar M Shetty, learned counsel has filed power on behalf of respondent No.3. 2. Accused No.1, who has been charge sheeted for the offences punishable under Sections 363, 376(2)(n) of Indian Penal Code, 1860 (IPC) and Sections 4, 6, 17 of POCSO Act, 2012 and accused No.2, who is sought to be prosecuted for the offence punishable under Section 17 of POCSO Act, 2012, are before this Court seeking relief. 3. The prosecution alleges that on 23.05.2023, the daughter of the complainant went to Ghataprabha to attend tailoring class, but did not return till evening, thereafter, the complainant and his wife searched for their daughter, however, the search went in vain. Thereafter, a missing complaint was filed and the police during investigation traced the petitioner No.1/accused No.1 and survivor in Pune and during their stay in Pune, accused - 3 - NC: 2025:KHC-D:3844 CRL.P No. 101080 of 2025 No.1 committed forcible sexual intercourse on the survivor, fully knowing that she is a minor. 4. Accused No.1 and 2 and the survivor, who has been arraigned as respondent No.3 represented by her counsel, are present before the Court and they have filed joint affidavit stating that accused No.1 and survivor were in relationship and that the sexual intercourse between them was consensual in nature. Marriage of accused No.1 with the survivor was solemnized on 26.1.2024 and the same is registered with the competent authority in the State of Maharashtra. 5. Accused No.1 was aged about 23 years and survivor was aged about 17 years 9 months as of the date of the incident. The survivor, who is present before the Court stated that she is leading a cordial marital life with accused No.1 and that there are no other persons to meet her daily needs, except accused No.1. If the petitioners are subjected to trial, it may lead to incarceration and the survivor will be put to greater misery and agony, rather than securing justice. 6. The object of the POCSO Act is to protect minors from sexual abuse and not to criminalize consensual relationships between adolescents, who may have engaged in sexual intercourse without fully understanding its consequences. The petitioner No.1 and the survivor belong to a lower socio-economic 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. - 4 - NC: 2025:KHC-D:3844 CRL.P No. 101080 of 2025 7. In light of the fact that the sexual intercourse between accused No.1 and the survivor was of consensual one and they are leading cordial marital life, it would be a futile exercise if the petitioners are subjected to trial, since the probability of the conviction is remote and bleak. In such circumstances, the continuation of criminal proceedings against the petitioners would be an abuse of process of law. 8. Accordingly, the petition is allowed. The impugned proceedings in Spl. Case No.493/2023 on the file of learned Addl. District and Sessions Judge, FTSC-1, Belagavi, are hereby quashed. Bail bonds, if any, stand discharged. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR Ct:vh List No.: 4 Sl No.: 7