- 1 - NC: 2025:KHC:8406 CRL.P No. 2472 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 2472 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. MR SHAIK TOUFEEQ (IN CHARGE SHEET NAME SHOWN AS SHEK TOUFEEQ) S/O SHAIK RAFIK, (IN CHAREGE SHEET NAME SHOWN AS SHEK RAFFEQ) AGED ABOUT 27 YEARS R/AT 57, 4TH MAIN ROAD, 3RD CROSS, GANGODANAHALI, NAYANDAHALLI, BENGALURU – 560 039. IN CHARGE SHEET ADDRESS SHOWN AS R/AT NO. 262, 5TH CROSS, ROSHAN NAGARA BENGALURU – 560 039. 2. MR. SHAIK RAFEEQ S/O AMEER JAN, AGED ABOUT 53 YEARS, R/AT 57, 4TH MAIN ROAD, 3RD CROSS, GANGODANAHALI, BENGALURU – 560 039. IN CHARGE SHEET ADDRESS SHOWN AS R/AT NO. 545, 5TH MAIN ROAD, GANGODANAHALLI, BENGALURU – 560 039. 3. MRS. ABIDA (IN CHARGE SHEET NAME SHOWN AS ABIDA BANU) S/O SHAIK RAFEEQ, AGED ABOUT 46 YEARS, R/AT 57, 4TH MAIN ROAD, 3RD CROSS, GANGODANAHALLI, NAYANDAHALLI, BENGALURU – 560 039. IN CHARGE SHEET ADDRESS SHOWN AS R/AT NO. 545, 5TH MAIN ROAD, Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:8406 CRL.P No. 2472 of 2025 GANGODANAHALLI, BENGALURU - 560039. …PETITIONERS (BY SRI. TEJAS N.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY CHANDRA LAYOUT POLICE, BANGALORE – 560 040 (REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR, HCK, BANGALORE - 01) 2. SMT. NIRMALA W/O UNKNOWN, AGED ABOUT 39 YEARS, ASSISTANT SURGEON, PANTHARAPALYA HEALTH CENTRE, B.B.M.P., BENGALURU – 560 039. (REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR, HCK, BANGALORE - 01) 3. MRS. KASHIFA D/O AGZAR PASHA, AGED ABOUT 20 YEARS, R/AT NO 262, 5TH CROSS, RAILWAY PARALLEL ROAD, GANGODANAHALLI, BENGALURU – 560 039. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R-1 & R-2 SRI. MANJUNATHA.K, ADVOCATE FOR R-3) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE PROCEEDINGS IN SPL.C.C.NO.1795/2023 ON THE FILE OF HONBLE ADDL.CITY CIVIL AND SESSIONS JUDGE FTSC-1 BENGALURU WHICH IS ARISING OUT OF CR.NO.200/2023 OF CHANDRA LAYOUT POLICE STATION BENGALURU FOR THE OFFENCE P/U/S 34 OF IPC AND SEC.5(J)(II),5(L),4,6 OF POCSO ACT AND UNDER SEC.9,11 OF PROHIBITION OF CHILD MARRIAGE ACT 2006 AS AN ABUSE OF PROCESS OF LAW. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:8406 CRL.P No. 2472 of 2025 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioners have sought for the following reliefs:- “Wherefore, the petitioners- accused No.1 to 3 above named most humbly prays that this Hon’ble court be pleased to quash the proceedings in SPL.C.C No.1795/2023 on the file of Hon’ble Additional City Civil and Sessions Judge, FTSC-1, Bengaluru, which is arising out of Crime No.200/2023 of Chandra Layout Police Station, Bengaluru for offences under section 34 of I.P.C., and under sections 5 (J)(II), 5(L),4,6 of POCSO Act and under sections 9 and 11 of Prohibition of Child Marriage Act 2006, as an abuse of process of law and grant such other relief or reliefs as this Hon’ble Court deems fit to grant in the facts and circumstances of the case in the ends of justice.” 2. Learned counsel for the petitioners – accused Nos. 1 to 3 and learned counsel for 3rd respondent – Victim (CW2) have filed a Joint Memo dated 24.02.2025 duly signed by the petitioners, 3rd respondent and their respective counsel. The same is taken on record. 3. Petitioners – accused Nos. 1 to 3 and 3rd respondent – victim are physically present before the Court and they admit the contents of the aforesaid Joint Memo, which reads as under:- - 4 - NC: 2025:KHC:8406 CRL.P No. 2472 of 2025 Joint Memo “The petitioners and third respondent have mutually agreed to compound the offences alleged in the charge sheet in SPL.C.C.No.1795/2023 on the file of Hon’ble Additional City Civil and Sessions Judge, FTSC – 1, Bengaluru, which is arising out of Crime No.200/2023 of Chandra Layout Police station, Bengaluru for offences under section 34 of I.P.C., and under sections 9 and 11 of Prohibition of Child Marriage Act 2006. the victim without any condition of their own accord have come forward to compound the offences alleged against the petitioners. Consequently, the victim is consenting for quashing of the proceedings against the petitioner in SPL.C.C.No.1795/2023 on the file of Hon’ble Additional City Civil and Sessions Judge, FTSC -1, Bengaluru which is arising out of Crime No.200/2023 of Chandra Layout Police station, Bengaluru as an abuse of process of law and to secure the ends of justice.” 4. In view of the aforesaid settlement entered into between the petitioners and 3rd respondent, I pass the following: ORDER (i) Petition is disposed of in terms of the Joint Memo dated 24.02.2025. (ii) All further proceedings in Spl.C.C.No.1795/2023 arising out of Crime No.200/2023 registered by the 1st respondent – Police - 5 - NC: 2025:KHC:8406 CRL.P No. 2472 of 2025 for the offence punishable under Section 34 of IPC, Sections 5(J)(II), 5(L), 4, 6 of POCSO Act, 2017 and Sections 9 and 11 of Prohibition of Child Marriage Act, 2006, pending on the file of Addl.City Civil and Sessions Judge, FTSC-1, Bangalore, insofar as the petitioners are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.