- 1 - NC: 2025:KHC:6669 CRL.P No. 452 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 452 OF 2025 BETWEEN: 1. SRI NARASIMHAMURHTY S/O. NAGARAJA AGED ABOUT 28 YEARS 2. SRI. NAGARAJA S/O. LATE. NARASAPPA AGED ABOUT 57 YEARS 3. SMT PAPAMMA @ PAPAKKA W/O. NAGARAJA AGED ABOUT 55 YEARS PETITIONERS NO.1 TO 3 ARE RESIDING AT CHOLASAMUDRAM HINDUPUR TALUK, ANANTAPUR DISTRICT CHIKKABALLAPURA DIST - 515 331 4. SRI. NARASIMHAMURTHY S/O. CHIKANJINAPPA AGED ABOUT 57 YEARS 5. SMT. LAKSHMAMMA W/O. NARASIMHAMURTHY AGED ABOUT 50 YEARS PETITIONERS NO.4 TO 5 ARE RESIDING AT HANASENAHALLI VILLAGE NAGARAGERE HOBALI GOWRIBIDANUR TALUK CHIKKABALLAPURA DISTRCIT - 561 208 …PETITIONERS (BY SRI. MANJUNATHA A C.,ADVOCATE) Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:6669 CRL.P No. 452 of 2025 AND: 1. STATE OF KARNATAKA BY GOWRIBIDANUR RURAL POLICE STATION CHIKKABALLAPURA - 561 208. REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU 560 001 2. SRI NARAYANASWAMY H K S/O. KADIRAPPA AGED ABOUT 42 YEARS, PANCHAYATH DEVELOPMENT OFFICER MELYA GRAMA PANCHYATH NAGARAGERE HOBLI GOWRIBIDANUR TALUK CHIKKABALLAPURADIST-561207 …RESPONDENTS (BY SRI VINAY MAHADEVAIAH, HCGP FOR R1 SRI SHEKARAPPA, ADV. FOR VICTIM - ANJALI) THIS CRL.P. IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) 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. 151/2022 (IN CRIME NO 77/2022) FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 376(2) (N) OF THE INDIAN PENAL CODE AND OFFENCE PUNISHABLE UNDER SECTION 5(J)(II) AND 6 OF THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCE ACT. 2012 AND THE OFFENCE UNDER SECTION 9, 10 AND 11 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: - 3 - NC: 2025:KHC:6669 CRL.P No. 452 of 2025 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 entire record on the file of the learned Addl. District and Sessions Judge FTSC-I, At Chikkaballapura, in Spl.S.C.No.151/2022 (in Crime No.77/2022) 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.151/2022 (in Crime No.77/2022) for the alleged offences punishable under Section 376(2)(n) of the Indian Penal Code and offence punishable under Section 5(J)(II) and 6 of the Protection of Children from Sexual Offence Act 2012 and the offence under Section 9, 10 and 11 of the Prohibition of Child Marriage Act, 2006 against the petitioner vide Annexure-A and grant any 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 petitioners, learned HCGP for respondent No.1 and learned counsel for respondent No.2 and perused the material on record. - 4 - NC: 2025:KHC:6669 CRL.P No. 452 of 2025 3. A perusal of the material on record will indicate that pursuant to the complaint dated 23.03.2022 registered as an FIR in Crime No.77/2022 by respondent No.2 – Sri.H.K.Narayanaswami, father of the victim – Anjali for the offences punishable against the petitioners - accused under Sections 376(2)(n) of IPC and Sections 5(j)(ii) and (vi) of the POCSO Act, proceedings in Spl.S.C.No.151/2022 are pending before the Trial Court. 4. The petitioners along with respondent No.2 and 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 Affidavit of victim, which reads as under: 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 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 offences under Sections 9, 10 and 11 of the Prohibition of Child Marriage Act, 2006 in Spl. S.C.No.151/2022 (Crime No.77/2022), pending before the learned Addl. District and Sessions - 5 - NC: 2025:KHC:6669 CRL.P No. 452 of 2025 Judge, FTSC-I, At Chikkaballapur, to meet the ends of justice.” AFFIDAVIT OF VICTIM I, Smt. Anjali D/o. Narasimhamurthy, W/o. Narasimhamurthy, Aged about 19 years, Residing at, Hanasenahalli Village, Nagaragere Hobli, Gowribidanur Taluk and Chikkaballapura District 561 208, now at Bengaluru, do hereby state as follows:- 1. I swear that, I am the victim in the above case and I know the facts of the case, I am deposing to. 2. I swear that, on the basis of 2nd respondent complainant the 1st respondent herein has registered a case in Crime No. 77/2022 for the offence punishable under section 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 the offence under section 9, 10 and 11 of the Prohibition of Child Marriage Act, 2006 against the petitioners/accused and after investigating the 1st respondent has filed a charge sheet before the learned Addl., District and Sessions Judge, FTSC I, at Chikkaballapura against the Accused/Petitioners herein now pending on the file of the learned Addl., District and Sessions Judge, FTSC-I, at Chikkaballapura. 3. I swear that, during the curing of these proceedings, I have attained the age of majority and married to the 1st petitioner on 03.11.2023 and the same is registered on. 02.12.2024. Further, I swear that, in view of - 6 - NC: 2025:KHC:6669 CRL.P No. 452 of 2025 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 trial court this affidavit is filed to quash the proceedings in Spl.S.C. No. 151/2022 (Crime. No. 77/2022), pending before the learned Addl., District and Sessions Judge, FTSC-I, At Chikkaballapura for the offence punishable under offences punishable Under Section 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, 10 and 11 of the Prohibition of Child Marriage Act, 2006. 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. 151/2022 (Crime No. 77/2022), pending before the learned Addl., District and Sessions Judge, FTSC-I, At Chikkaballapura for the offence punishable under offences punishable Under Section 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 the offence under section 9,10 and 11 of the Prohibition of Child Marriage Act, - 7 - NC: 2025:KHC:6669 CRL.P No. 452 of 2025 registered by Respondent No.1 Gowribidanuru Rural Police Station, Chikkaballapura District may be quashed, 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." 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 No.1 – accused No.1 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. 7. Accordingly, I pass the following: - 8 - NC: 2025:KHC:6669 CRL.P No. 452 of 2025 ORDER (i) The petition is disposed of in terms of Joint application under Section 320(2) of Cr.P.C., dated 07.02.2025. (ii) The proceedings in Spl.S.C.No.151/2022 (arising out of Crime No.77/2022 of 1st respondent – Police) registered for the offences punishable under Sections 376(2)(n) of IPC and Sections 5(J)(II) and 6 of the Protection of Children from Sexual Offences Act, 2012 and Sections 9, 10 and 11 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 petitioners are concerned, are hereby quashed. SD/- (S.R.KRISHNA KUMAR) JUDGE SA/SRL List No.: 1 Sl No.: 7