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2025 DAILYLAW 45822 (KAR)

SRI VINAY KUMAR M S v. STATE OF KARNATAKA BY

CRL.P/878/2025 · 2025-01-31

S R Krishna Kumar

body2025

Judgment text

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- 1 - NC: 2025:KHC:4507 CRL.P No. 878 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 878 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: SRI. VINAY KUMAR M.S S/O SEETHARAMAPPA AGED ABOUT 30 YEARS RESIDING AT, MITTEMARI VILLAGE BAGEPALLI TALUK CHIKKABALLAPURA DIST.-561 207 …PETITIONER (BY SRI. A.C. MANJUNATHA, ADVOCATE) AND: 1. STATE OF KARNATAKA BY BAGEPALLI POLICE STATION CHIKKABALLAPURA - 561 207 REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 001 2. SMT. NARAYANAMMA W/O SATHYANARAYANA AGED ABOUT 41 YEARS R/AT MITTEMARI VILLAGE BAGAPALLI TALUK CHIKKABALLAPURA DIST PIN-561 207 …RESPONDENTS (BY SRI. THEJESH P, HCGP FOR R1; SRI. SHEKARAPPA, ADVOCATE FOR R2) Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:4507 CRL.P No. 878 of 2025 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS ON THE FILE OF THE LEARNED ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-I [POCSO], AT CHIKKABALLAPURA, IN SPL.S.C. NO.104/2022 (IN CRIME NO.85/2024) FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 363, 376(2)(N) OF THE INDIAN PENAL CODE AND UNDER SECTION 5(J)(II) AND 6 OF THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT 2012 AND OFFENCE UNDER SECTION 9 AND 10 OF THE PROHIBITION OF CHILD MARRIAGE ACT, 2006 AGAINST THE PETITIONER VIDE ANNEXURE-A. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner has sought for the following relief:- “WHEREFORE, the above named petitioner most respectfully pray that this Hon’ble Court be pleased to call for the entire record on the file of the learned Addl. District and Sessions Judge, FTSC-I, at Chikkaballapura, in Spl.S.C.No.104/2024 (in Crime No.85/2024) and further be pleased to Quash the entire proceedings on the file of the learned Addl. District and Sessions Judge, FTSC – I (POCSO), at Chikkaballapura, in Spl.S.C.No.104/2022 (in Crime No.85/2024) for the alleged offences punishable under Section 363, 376(2)(n) of the Indian Penal Code and under - 3 - NC: 2025:KHC:4507 CRL.P No. 878 of 2025 Section 5(J)(II) and 6 of the Protection of Children from Sexual Offences Act, 2012 and offence under Section 9 and 10 of the Prohibition of Child Marriage Act, 2006 against the petitioner vide Annexure-‘A’ and grant any such other relief/s as this Hon’ble Court deems fit in the facts and circumstances of the case, in the interest of justice.” 2. Heard learned counsel for the petitioner, learned HCGP for respondent No.1 and learned counsel for respondent No.2 and perused the material on record. 3. A perusal of the material on record will indicate that pursuant to the complaint dated 21.02.2024 registered as an FIR in Crime No.85/2024 by respondent No.2, Narayanamma, mother of the victim, Shravani for the offences punishable against the petitioner accused under Sections 363, 376(2)(n) of IPC and Sections 5(j)(ii) and (vi) of the POCSO Act, proceedings in Spl.S.C.No.100/2024 are pending before the Trial Court. 4. The petitioner along with respondent No.2 and the victim are physically present along with their respective counsel and have filed an application under Section 320(2) of Cr.P.C. accompanied by separate affidavits of respondent No.2 and victim, which reads as under: - 4 - NC: 2025:KHC:4507 CRL.P No. 878 of 2025 APPLICATION UNDER SECTION 320(2) OF THE CODE OF CRIMINAL PROCEDURE “ That, for the reasons stated in and swear to in the accompanying affidavit the Respondent No.2 herein most respectfully prays that this Hon’ble Court may be pleased to record permission to compound the offence punishable under Section 363, 376(2) (n) of the Indian Penal Code and under Section 5(J) (II) and 6 of the Protection of Children from Sexual Offences Act, 2012 and offence under Section 9 and 10 of the Prohibition of Child Marriage Act, 2006 in Spl. S.C.No.104/2024 (Crime No. 85/2024), pending before the learned Addl., District and Sessions Judge, FTSC-I, At Chikkaballapur, to meet the ends of justice.” AFFIDAVIT OF RESPONDENT NO.2 “ I, Smt, Narayanamma, W/o. Sathyanarayana, K.V, Aged about 41 years, Residing at, mittemari Village, Bagepalli Taluk, Chikkaballapura District – 562 101, Now at Bengaluru, do hereby state as follows: 1. I swear that, I am the complaint/2nd respondent herein in the above case and I know the facts of the case, I am deposing to. 2. I swear that, on the basis of my complaint the Respondent No.1 herein has registered a case in Crime No. 85/2024 for the offence punishable under Section 363 of the Indian Penal Code and Prohibition of Child Marriage Act, 2006 against me and after investigation the case the 1st respondent filed a charge sheet before the learned Addl., District and Sessions Judge, FTSC-I, at - 5 - NC: 2025:KHC:4507 CRL.P No. 878 of 2025 Chikkaballapura for the offence punishable under Section 363, 376 (2) (n) of the Indian Penal Code and offence under Section 5(J) (II) and 6 of the Protection of Children from Sexual Offence Act, 2012 and under Section 9 and 10 of the Prohibition of Child Marriage Act, 2006 against the Accused/Petitioner herein now pending on the file of the learned Addl., District and Sessions Judge, FTSC-I, at Chikkkaballapura. 3. I swear that, during curing of these proceedings my daughter attained the age of majority and married to the petitioner on. 10.10.2024 and registered before the Registrar of Marriage on 18.10.2024 and male baby is also born by name Tejesh.M.V. Further, I swear that, in view of Intervention of elder and well wishers of our respective family members. We settled our disputes in presence of respective well wishers in out of Court, in view of the said settlement. I am not interested to prosecute the above said case. As such, the said case filed by me may be quashed. 4. I swear that, in order to preserve the precious time of the trail Court this affidavit is filed to quash the proceedings in Spl. S.C.No.104/2024 (Crime No.85/2024), pending before the learned Addl., District and Sessions Judge, FTSC-I, At Chikkaballapura for the offence punishable under offences punishable Under Section 363, 376(2) (n) of the Indian Penal Code and under Section 5(J) (II) and 6 of the Protection of Children from Sexual offences Act. 2012 and under section 9 and 10 of the Prohibition of Child Marriage Act, 2006. - 6 - NC: 2025:KHC:4507 CRL.P No. 878 of 2025 5. I swear that, I had filed this affidavit on my own and will and consent without compulsion or pressure from any one. WHEREFORE, I pray that this Hon’ble Court may be pleased to affidavit may be taken on record and proceedings in Spl. S.C.NO. 104/2024 (Crime No. 85/2024), pending before the learned Addl. Punishable under offences punishable Under Section 363, the Protection of Children from Sexual offences Act. 2012 and under section 9 and 10 of the Prohibition of Child Marriage Act, 2006 registered by Respondent No.1 Bagepalli Police Station, Chikkaballapura District may be quash, in the interest of justice. I, the deponent do hereby verify and declare that what is stated above are true and correct to the best of my knowledge, information and belief.” AFFIDAVIT OF VICTIM “ I, Shravani D/o. Sathyanarayanappa W/o vinay Kumar. M.S., Aged about 19 years, Residing at, mittemari Village, Bagepalli Taluk, Chikkaballapura District – 562 101, Now at Bengaluru, do hereby state as follows: 1. I swear that, I am victim in the above case I know the facts of the case, I am deposing to. 2. I swear that, on the basis of my father complaint the Respondent No.1 herein has registered a case in Crime No. 85/2024 for the offence punishable under Section 363 of the Indian Penal Code and after investigation the case the 1st respondent filed a charge sheet before the learned Addl., District and Sessions - 7 - NC: 2025:KHC:4507 CRL.P No. 878 of 2025 Judge, FTSC-I, at Chikkaballapura for the offence under Section 363, 376 (2) (n) of the Indian Penal Code and offence under Section 5(J) (II) and 6 of the Protection of Children from Sexual Offence Act, 2012 and under Section 9 and 10 of the Prohibition of Child Marriage Act, 2006 against the Accused/Petitioner herein now pending on the file of the learned Addl., District and Sessions Judge, FTSC-I, at Chikkkaballapura. 3. I swear that, the petitioner aggrieved by the said proceedings filed the above Criminal Petition seeking an order to quash the entire proceedings in Spl. S.C.No. 104/2024 (Crime No. 85/2024) pending on the file of the learned Addl., District and Sessions Judge, FTSC-I, At Chikkaballapura. 4. I swear that, during the curing of these proceedings I have attained the age of majority and married to the petitioner on 10.10.2024 and registered before the registrar on 18.10.2024. Further, I swear that, in view of Intervention of elder and well wishers of out respective family members. We settled out disputes in presence of respective well wishers in out of Court, in view of the said settlement. I am not interested to prosecute the above said case. As such, the said case filed by me may be quashed. 5. I swear that, in order to preserve the precious time of the trial Court this affidavit is filed to quash the proceedings in Spl. S.C.No.104/2024 (Crime No.85/2024), pending before the learned Addl., District and Sessions Judge, FTSC-I, At Chikkaballapura for the offence punishable under offences punishable Under Section 363, - 8 - NC: 2025:KHC:4507 CRL.P No. 878 of 2025 376(2) (n) of the Indian Penal Code and under Section 5(J) (II) and 6 of the Protection of Children from Sexual offences Act. 2012 and under section 9 and 10 of the Prohibition of Child Marriage Act, 2006. 6. I swear that, I had filed this affidavit on my own and will and consent without compulsion or pressure from any one. WHEREFORE, I pray that this Hon’ble Court may be pleased to allow the accompanying application as prayed for, to meet the ends of justice.” 5. Further learned counsel for the parties placed reliance upon the judgment of a Co-ordinate Bench of this Court in the case of Shivaraj Vs. State of Karnataka and others – Crl.P.No.100117/2025 dated 20.01.2025 and Devaraj @ Devendrappa Vs. State of Karnataka and another – Crl.P.No.100010/2025 dated 17.01.2025 and jointly submitted that the impugned proceedings may be quashed. It is also submitted that the petitioner and the victim have subsequently got married and as such, the impugned proceedings deserves to be quashed. 6. In view of the aforesaid facts and circumstances, I am of the view that the impugned proceedings deserves to be quashed. - 9 - NC: 2025:KHC:4507 CRL.P No. 878 of 2025 7. Accordingly, I pass the following: ORDER (i) The petition is disposed of in terms of Joint application under Section 320(2) of Cr.P.C., dated 30.01.2025. (ii) The proceedings in Spl.S.C.No.104/2024 (arising out of Crime No.85/2024 of 1st respondent – Police) registered for the offences punishable under Sections 363, 376(2)(n) of IPC and Sections 5(J)(II) and 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 10 of the Prohibition of Child Marriage Act, 2006, pending on the file of the Additional District and Sessions Judge, FTSC-I (POCSO), Chikkaballapura, insofar as the petitioner is concerned, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE AM/BMC List No.: 2 Sl No.: 46