- 1 - NC: 2025:KHC-D:4049 CRL.P No. 101190 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 101190 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: BASAVARAJ S/O. DEVENDRA DEVANOOR @ DYEVANOOR, AGE. 23 YEARS, OCC. DRIVER, R/O. ROTTIGAVAD, TQ. KUNDGOL, DIST. DHARWAD, NOW AT. ARVATAGI, TQ. ALNAVAR, DIST. DHARWAD-581204. …PETITIONER (BY SRI. T.R.PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA ALNAVAR PS REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH DHARWAD-580011. 2. XXXX XXXXX XXXX AGE. 22 YEARS, OCC. HOUSE HOLD WORK, R/O. ARVATAGI, TQ. ALNAVAR, DIST. DHARWAD, (2ND RESPONDENT IS VICTIM BEFORE THE TRIAL COURT) …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, AGA FOR R1; SRI. H.MANJUNATHA, ADV. FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), SEEKING TO, QUASH THE COMPLAINT, CHARGE SHEET IN SPL.SC NO.02/2023 AND ORDER OF TAKING COGNIZANCE AND ISSUANCE OF PROCESS DATED 06.01.2023 AND ENTIRE PROCEEDINGS AGAINST THIS PETITIONER/ACCUSED IN CRIME 83/022 REGISTERED BY ALNAVAR P.S. FOR THE OFFENCE PUNISHABLE U/S 366, 376(2) (h AND n) OF IPC AND U/S 6 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT 2012 AND 9 AND 11 OF PREVENTION OF MARRIAGE ACT, PENDING ON THE FILE OF THE II ADDL.DISTRICT AND SESSIONS JUDGE, DHARWAD. MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka, Dharwad Bench Date: 2025.03.03 12:58:47 +0530 - 2 - NC: 2025:KHC-D:4049 CRL.P No. 101190 of 2025 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM : THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner, who has been charge-sheeted for offences punishable under Sections 366, 344, 376(2)(h) and 376(2)(n) of the Indian Penal Code, Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), and Sections 9 and 11 of the Prohibition of Child Marriage Act, 2006, is before this Court seeking relief. 2. The prosecution alleges that the petitioner, fully aware that the survivor was a minor, kidnapped her, committed forcible sexual intercourse, and solemnized his marriage with her. As of the date of the incident, the survivor was 17 years old, while the accused was 23 years old. 3. The survivor and the accused are present before this Court and have filed an application for compounding of offences, stating that their sexual relationship was consensual and that their marriage was solemnized on 20.11.2023. They further submitted that their marriage was registered with the jurisdictional Registrar of Marriages on 12.11.2024. 4. The survivor, who is present before the Court, has agreed to withdraw all allegations and has no objection to quashing the impugned proceedings. 5. From the said wedlock, two children were born. The survivor and her children are entirely dependent on the petitioner - 3 - NC: 2025:KHC-D:4049 CRL.P No. 101190 of 2025 for their daily sustenance. There is no other person to support them, and they have no alternative means of livelihood. If the criminal proceedings are allowed to continue, it would result in the petitioner’s incarceration, causing greater hardship and agony to the survivor rather than serving the ends of justice. 6. The object of the POCSO Act is to protect minors from sexual abuse and exploitation, not to criminalize consensual relationships between young individuals who may have engaged in sexual relations without fully comprehending the legal consequences. The petitioner 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. 7. While sexual intercourse with a minor constitutes an offence under the POCSO Act, considering the peculiar facts and circumstances of this case, and in order to secure the ends of justice, it would be appropriate to quash the impugned proceedings. Failure to do so may lead to a miscarriage of justice for the survivor, particularly in light of her subsequent marriage to the petitioner. 8. In such circumstances, the continuation of criminal proceedings against the petitioner would amount to an abuse of the process of law. - 4 - NC: 2025:KHC-D:4049 CRL.P No. 101190 of 2025 ORDER Accordingly, the petition is allowed. The impugned proceedings in Spl. SC No. 02/2023, pending before the II Additional District and Sessions Judge, Dharwad, are hereby quashed. BKM Ct:vh List No.: 1 Sl No.: 130 Sd/- (HEMANT CHANDANGOUDAR) JUDGE