- 1 - NC: 2025:KHC-D:3644 CRL.P No. 103870 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO.103870 OF 2023 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. SHRI. NAVALU JANU GAVALI, AGE. 27 YEARS, OCC. COOLIE, R/O. HARSHANAWADI, TQ. KHANAPUR, DIST. BELAGAVI-591302. 2. SMT. AMBABAI JANU GAVALI, AGE. 45 YEARS, OCC. COOLIE, R/O. HARSHANAWADI, TQ. KHANAPUR, DIST. BELAGAVI-591302. 3. SHRI. GANGARAM BHAGU PINGALE, AGE. 71 YEARS, OCC. COOLIE, R/O. PRADHANI, TQ. JOYADA, DIST. UTTAR KANNADA-581325. 4. SMT. BHAMMI GANGARAM PINGALE, AGE. 55 YEARS, OCC. COOLIE, R/O. PRADHANI, TQ. JOYADA, DIST. UTTAR KANNADA-581325. …PETITIONERS (BY SRI. S.B.DEYANNAVAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH KHANAPUR POLICE STATION, DIST. BELAGAVI, R/B STATE PUBLIC PROSECUTOR, HIGH COURT BENCH DHARWAD. 2. SMT. SHIVALILA S. YADAVINAIKAR AGE. 48 YEARS, OCC. CDPO KHANAPUR, R/O. CDPO OFFICE KHANAPUR, TQ. KHANAPUR, DIST. BELAGAVI. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1) (NOTICE TO R2 IS SERVED) Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.28 12:29:58 +0530 - 2 - NC: 2025:KHC-D:3644 CRL.P No. 103870 of 2023 THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO, THE CRIMINAL PROCEEDINGS INITIATED AGAINST THE PETITIONERS/ ACCUSED NO.1, 3, 4 AND 5 IN KHANAPUR P.S. CR.NO.243/2021 PENDING ON THE FILE OF FTSC-1 AND ADDL. DIST AND SESSIONS JUDGE, BELAGAVI IN SPL.CASE NO.178/2022 FOR THE OFFENCES PUNISHABLE U/S 376 OF IPC, 6 OF POCSO ACT 2012 AND SECTION 9, 10 OF CHILD MARRIAGE ACT 2022, AND COGNIZANCE AND TAKEN ON 26.08.2022 MAY PLEASE BE QUASHED. 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 petitioners, who are sought to be prosecuted for offences punishable under Section 376 of the Indian Penal Code, 1860; Section 6 of the Protection of Children from Sexual Offences Act, 2012; and Sections 9 and 10 of the Prohibition of Child Marriage Act, 2006, are before this Court seeking to quash the criminal proceedings initiated against them. 2. The prosecution alleges that accused Nos. 2 to 5, along with the victim’s parents, knowingly, while being aware that the victim/survivor was a minor, solemnized her marriage with accused No. 1 on 17.12.2020. Thereafter, accused No. 1 committed forcible sexual intercourse with the survivor, resulting in her becoming pregnant and delivering a male child at a hospital on 15.11.2021. 3. The survivor, accused No. 1, and their son are present before this Court. The survivor submits that her marriage with - 3 - NC: 2025:KHC-D:3644 CRL.P No. 103870 of 2023 accused No. 1 was conducted inadvertently and in ignorance of the law by accused Nos. 2 to 4, and that, as a result of that marriage, a male child was born. She further states that she and her child depend on accused No. 1 for their livelihood, and that if criminal proceedings continue, the likely incarceration of accused No. 1 would cause more misery and agony to her than would serve the ends of justice. 4. The object of the Protection of Children from Sexual Offences (POCSO) Act is to protect minors from sexual abuse, not to criminalize consensual relationships between adolescents who engage in sexual intercourse without fully understanding the consequences. The petitioner and the survivor come from a lower socioeconomic background with limited access to information and knowledge, which may have deprived them of understanding the full consequences of their consensual sexual intercourse. Although consensual sexual intercourse with a minor is an offence under the POCSO Act, in light of the facts and circumstances of this case, quashing the impugned proceedings would secure the ends of justice and prevent a miscarriage of justice for the survivor. 5. At the time of the incident, the survivor was 16 years old and accused No. 1 was approximately 21 years old. The survivor is now 20 years old. If the petitioners/accused are subjected to trial, it is highly likely that incarceration would cause further misery and agony to the survivor and her minor child, who depend on accused No. 1 for their daily needs, rather than secure - 4 - NC: 2025:KHC-D:3644 CRL.P No. 103870 of 2023 justice. Under these circumstances, the continuation of criminal proceedings would be an abuse of the process of law. 6. Hence, I pass the following: ORDER i) Accordingly, the criminal petition is allowed. ii) The impugned criminal proceedings in Spl. Case No.178/2022 pending on the file of Additional District & Sessions Judge, FTSC-I, Belagavi, insofar as the petitioners/accused herein are concerned, is hereby quashed. Pending I.As., if any, do not survive for consideration and are disposed of accordingly. Sd/- (HEMANT CHANDANGOUDAR) JUDGE KMS Ct:vh List No.: 1 Sl No.: 136