- 1 - HC-KAR NC: 2025:KHC-D:8310 CRL.P No. 102536 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO.102536 OF 2025 (482 OF Cr.PC/528 OF BNSS) BETWEEN: PANDURANGA @ SONYA S/O. NAMDEV DUMAL, AGE: 22 YEARS, OCC: CENTRING, R/AT. PANDHARPUR, GOPALPUR COLONY, PANDARPUR, SOLLAPUR, MAHARASHTRA-413314, …PETITIONER (BY SHRI GOURISHANKAR MOT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, GADAG WOMEN POLICE STATION, GADAG, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH AT: DHARWAD. 2. SHRI SOMANATH S/O. CHARANASINGH YADAV, AGE: 38 YEARS, OCC: BUSINESSMAN, R/AT. GOPALPUR COLONY, PANDHARPUR, MAHARASHTRA-413314, NOW AT: GADAG, NALAWAD GALLI, NEAR MABUSUBHANI KATTE, GADAG, KARNATAKA-582101. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SHRI HIRANKUMAR J. PATEL, ADV. FOR R2) THIS CRIMINAL PETITION IS FILED U/S.482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE ACCUSED/PETITIONER AS IN GADAG WOMEN POLICE STATION CRIME NO.0026/2023 FOR THE OFFENCES PUNISHABLE U/S.363, 354(d) OF IPC ALONG WITH 8 AND 12 OF POCSO ACT, 2012 PENDING ON THE FILE ADDITIONAL DISTRICT AND SESSIONS JUDGE, AT GADAG IN SC NO.32/2024, IN THE INTEREST OF JUSTICE. Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:8310 CRL.P No. 102536 of 2025 THIS PETITION IS COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Sri. Gouri Shankar Mot., learned counsel for the petitioner and Smt. Kirtilata Patil., learned High Court Government Pleader for respondent No.1 – State and Sri. Hirankumar J.Patel., learned counsel for respondent No.2 – the de facto complainant. 2. The petitioner has filed this petition under Section 482 of Cr.P.C. praying to quash the proceedings in S.C.No.32/2024, on the file of learned Additional District and Sessions Judge, Gadag for the offences punishable under Sections 363, 354(d) of Indian Penal Code and Section 8 and 12 of POCSO Act, 2012. 3. The sum and substance of the charge sheet is that between 14.09.2023 and 26.03.2024, the petitioner kidnapped the victim girl (CW-6) from Gadag Old bus- stand and took her to Mangalaveda town, - 3 - HC-KAR NC: 2025:KHC-D:8310 CRL.P No. 102536 of 2025 Tq: Pandarapura, Dist: Solapur, State: Maharashtra and committed sexual assault on her. Hence, the first informant lodged the complaint, which led to the registration of FIR and initiation of investigation. The Investigating Officer after conducting investigation, filed the charge-sheet for the aforesaid offences. Soon after receipt of the charge sheet, the Trial Court took cognizance of the offences and issued process against the petitioner-accused. Taking exception to the same, this petitioner has filed the petition to quash the entire proceedings. 4. Learned counsel for the petitioner submits that the accused has solemnized his marriage with the victim on 24.12.2024 at Pune and the families of both the accused and victim are now maintaining cordial relations, and the earlier differences have been amicably resolved. The accused and the victim are presently residing together under one roof. In light of this development, a compromise petition has been filed, wherein, the parties - 4 - HC-KAR NC: 2025:KHC-D:8310 CRL.P No. 102536 of 2025 have expressed that the continuation of criminal proceedings against the petitioner would serve no useful purpose and would amount to an abuse of the process of law. Since the alleged offences are non-compoundable in nature, the petitioner has sought quashing of the proceedings and permission to record the compromise. 5. Today, both the accused and victim girl are present before the Court. They have affirmed that they are legally married at Pune and that the dispute between them has been resolved amicably. 6. Learned HCGP for respondent No.1 – State submits that in view of the compromise arrived at between the parties, the Court may allow the compromise and quash the proceedings. 7. Sri. Hirankumar J.Patel., learned counsel for respondent No.2 – de facto complainant submits that since the matter is amicably settled between the parties and the accused has solemnized his marriage with the victim, in - 5 - HC-KAR NC: 2025:KHC-D:8310 CRL.P No. 102536 of 2025 view of Section 482 of Cr.P.C., the entire proceedings may be quashed. 8. Perused the materials available on record. 9. The daughter of de facto complainant i.e., victim performed her marriage with the accused and now she is residing with the accused happily. Since, the accused and the daughter of de facto complainant, who is husband and wife, have compromised the dispute with each other, it will be a futile exercise, if the accused is subjected to trial, since, the probability of his conviction is remote and bleak. In view of the joint memo filed under Section 359 (6), (8) of Bharatiya Nagarik Suraksha Sanhita, 2023 along with affidavit of victim and settlement arrived at between the parties, continuation of criminal proceedings would be an abuse of process of law. For the aforesaid reasons, I pass the following: ORDER The petition is disposed of. - 6 - HC-KAR NC: 2025:KHC-D:8310 CRL.P No. 102536 of 2025 The impugned proceedings in S.C.No.32/2024, on the file of learned Additional District and Sessions Judge, Gadag for the offences punishable under Sections 363, 354(d) of Indian Penal Code and Section 8 and 12 of POCSO Act, 2012, insofar as the petitioner is concerned, stands quashed. Sd/- (VENKATESH NAIK T) JUDGE AM/- CT-AN List No.: 1 Sl No.: 4