- 1 - NC: 2025:KHC:6162 CRL.P No. 13812 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 13812 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. JAGADISHA S/O. NAGA, AGED ABOUT 23 YEARS, 2. NAGA S/O. LATE MADEGOWDA, AGED ABOUT 55 YEARS, 3. SHIVARUDRAMMA @ SHIVARUDRI W/O. NAGA, AGED ABOUT 50 YEARS, 4. BASAVARAJU S/O. LATE MAHADEVA, AGED ABOUT 50 YEARS, 5. SUSHEELA S/O. BASAVARAJU, AGED ABOUT 45 YEARS, ALL THE PETITIONERS ARE RESIDING AT ELACHIKERE VILLAGE, HANUR TALUK, CHAMARAJANAGARA, CHAMARAJANAGARA-571 439. …PETITIONERS (BY SRI. PARAMESWARAPPA C., ADVOCATE) AND: 1. STATE OF KARNATAKA BY CHAMARAJANAGARA WOMEN POLICE STATION, CHAMARAJANAGARA, Digitally signed by CHANDANA B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6162 CRL.P No. 13812 of 2024 PIN-571 313, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT BENGALURU-560 001. 2. SHIVALEELA K LANGOTI S/O. DUNDUMADA, AGED ABOUT 48 YEARS, R/AT BANDAHALLI VILLAGE, HANURU TALUK, CHAMARAJANAGAR-571 439. …RESPONDENTS (BY SRI. THEJESH P., HCGP FOR R1) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN SPL.C.NO.188/2023 PENDING ON THE FILE OF THE LEARNED ADDITIONAL DISTRICT AND SESSIONS JUDGE, FAST TRACK SESSIONS COURT-I AT CHAMARAJANAGAR, FOR THE OFFENCE UNDER SECTION 376 OF IPC, 1860 AND SECTION 4, 5(J)(II), 6 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012 AND UNDER SECTION 9 OF THE PROHIBITION OF CHILD MARRIAGE ACT, 2006 BY ALLOWING THIS PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioners have sought for the following relief: "Wherefore, the above named petitioners most respectfully pray that this Hon'ble Court be pleased to call for the records to call for records and thereby pleased to quash the entire proceedings in Spl.C.No.188/2023 pending on the file of the learned Additional Dsitrict and Sessions Judge, - 3 - NC: 2025:KHC:6162 CRL.P No. 13812 of 2024 Fast Track Sessions Court-I at Chamarajanagara, for the Offence Under Section 376 of the Indian Penal Code, 1860 and Section 4,5 (J) (II), 6 of the Protection of Children from Sexual Offences Act 2012 and under Section 9 of the Prohibition of Child Marriage Act, 2006, by allowing this Petition, in the interest of justice.” 2. Heard learned counsel for the petitioners, learned HCGP for respondents and perused the material on record. 3. A perusal of the material on record will indicate that pursuant to the complaint dated 17.06.2023 registered as an FIR in Crime No.29/2023 by respondent No.2 – Smt.K.Shivaleela K., who is working as Supervisor, CDPO office, for the offences punishable against the petitioners - accused under Sections 376 of IPC and Sections 4, 5(j)(ii) and (vi) of the POCSO Act and Section 9 of the Prohibition of Children from Sexual Offences Act, 2012, proceedings in Spl.C.No.188/2023 are pending before the Trial Court. 4. 4. The petitioners along with the victim are physically present before the Court along with their respective counsel and have filed an application under Section 320(2) of Cr.P.C. accompanied by the Joint Affidavit, which reads as under: - 4 - NC: 2025:KHC:6162 CRL.P No. 13812 of 2024 APPLICATION UNDER SECTION 320(2) OF THE CODE OF CRIMINAL PROCEDURE “ For the reasons stated in the accompanying affidavit the petitioners and the victim above named most respectfully prays that this Hon’ble Court may be pleased to quash the proceedings in SPL.C.No. 188/2023 based on the Crime No. 29/2023 pending on the file of the Hon’ble Additional District and Sessions Court, FTSC-1, Chamarajanagara, for the offences punishable under Section 376 of the Indian Penal Code, 1860 and Section4, 5 (J) (II) and 6 of Protection of Children from sexual offences Act, 2012 and Section 9 of the Prohibition of Child Marriage Act, 2006 by allowing the petitioners and the victim to compound the offences in the interest of justice.” JOINT AFFIDAVIT “We, Jagadisha aged about 23 years and Naga aged about 55 years, Shivarudramma @Shivarudri aged about 50 years Basavaraju aged about 50 years, Susheela aged about 45 year along with Kavitha aged about 18 years, residing at Elachiken village, Hanur taluk, Chamarajanagara District - 571 439, all us now came down to Bengaluru are hereby solemnly affirm state on oath as follows:- 1. We state that, the petitioners are the accused person Crime No.29/2023 on which the present petition seeking quash of the entire proceedings on the file of learned Additional District and Sessions Court, FTSC-1. - 5 - NC: 2025:KHC:6162 CRL.P No. 13812 of 2024 2. We state that the petitioners preferred the accompanying Criminal Petition praying for quashing of the proceedings in SPL.C No.188/2023 based on the Crime No. 29/2023 of the respondent police pending on the file of the learned. Additional District and Sessions Court, FTSC-1. 3. We state that, the first respondent has registered the First Information Report in Crime No.29/2023 for the offences punishable under Section 376 of the Indian Penal Code, 1860 and Section 4, 5 (J) (II) and 6 of Protection of Children from Sexual Offences Act, 2012 and Section 9 of the Prohibition of Child Marriage Act 2006, against the petitioners. 4. We state that, the petitioner No.1 is the son of Petitioner No.2 and 3 and the victim is the daughter of Petitioner No.3 and 4 and marriage engagement of the victim was already performed with the petitioner No.1 and thereafter the petitioner No.2 to 5 conducted the marriage of the Petitioner No.1 with the victim on 12.05.2022. And we further state that, a suo moto complaint was registered when the victim Kavitha was admitted to hospital on complains of stomach pain because of pregnancy. And the case was registered by Chamarajanagara Rural Police Station I Crime NO.29/2023 ON 17.06.2023 and the same is committed to trial in Spl. C. 188/2023 pending on t file of the Additional District and Sessions Court, FTSC Chamarajanagara based on the Crime No. 20/2020. 5. We state that, during the pendency of the a mentioned suit, both the parents and the family me of the petitioner No.1 and the victim registered marriage on 15.10.2024 under the Hindu Marria1955 and the same is - 6 - NC: 2025:KHC:6162 CRL.P No. 13812 of 2024 entered in marriage Act 1955 and the same is entered in marriage register as HAN-HM00119-2024-25. 6. We state that, continuation of the proceedings is causing great hardship in our lives and the outcome of the case will deteriorate the spirit of us. Wherefore we have sought for quashing the proceedings. 7. We state that the averments made in the memorandum of petition are true and correct. We state that, the averments contended in the memorandum of criminal petition may be read as part and parcel of this joint affidavit in order to avoid repetition. 8. We state that if the proceedings are permitted to be continued, the same would cause unnecessary hardship and agony to all of us. The continuation of the above proceedings will cause great impact on our life. Wherefore, it is prayed that this Hon'ble Court may pleased to allow the above petition quashing the proceeding Spl. C. 188/2023 based on the Crime No. 29/2023 pending me file of the Additional District and Sessions Court, FTSC- 1, Chamarajanagara.” 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 - 7 - NC: 2025:KHC:6162 CRL.P No. 13812 of 2024 the impugned proceedings may be quashed. It is also submitted that during the pendency of the aforesaid proceedings, the marriage of petitioner No.1 – accused No.1 and the victim has been registered on 15.10.2024 under the Hindu Marriage Act and the Marriage Certificate in this regard which was produced before the Court, is taken on record 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 deserve to be quashed. 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 10.02.2025. (ii) The proceedings in Spl.C.No.188/2023 (arising out of Crime No.29/2023 of 1st respondent – Police) registered for the offences punishable under Sections 376 of IPC and Sections 4, 5(J)(II) and 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 9 of the Prohibition of Child Marriage Act, 2006, pending on the file of Addl. District and Sessions Judge, - 8 - NC: 2025:KHC:6162 CRL.P No. 13812 of 2024 FTSC-I, Chamarajanagara, insofar as the petitioners are concerned, are hereby quashed. SD/- (S.R.KRISHNA KUMAR) JUDGE BMC/SRL List No.: 2 Sl No.: 66