- 1 - HC-KAR NC: 2025:KHC-D:13407 CRL.P No. 103895 of 2025 C/W CRL.P. No.103896 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103895 OF 2025 C/W CRIMINAL PETITION NO.103896 OF 2025 (482(CR.PC)/528(BNSS)) IN CRL.P. NO. 103895 OF 2025: BETWEEN: 1. MANJUNATH S/O KALLAPPA HARIJAN, AGE. 28 YEARS, OCC. COOLIE, R/O. HARIJAN ONI, MANAGUNDI, DHARWAD, PIN-580 007. 2. KALLAPPA S/O KARIYAPPA HARIJAN, AGE. 54 YEARS, OCC. COOLIE, R/O. MADAR ONI, MANAGUNDI, TQ. AND DIST. DHARWAD, PIN-580 007. 3. SMT. MALLAVVA W/O KALLAPPA MADAR @ HARIJAN, AGE. 43 YEARS, OCC. COOLIE, R/O. MADAR ONI, MANAGUNDI, TQ. AND DIST. DHARWAD, PIN-580 007. … PETITIONERS (BY SRI. T.R. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY DHARWAD RURAL P.S., REPRESENTED BY S.P.P., RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:13407 CRL.P No. 103895 of 2025 C/W CRL.P. No.103896 of 2025 HIGH COURT BUILDING, DHARWAD, PIN-580 011. 2. XXXX AGE. 21 YEARS, OCC. HOUSEHOLD WORK, R/O. KELAGERI, TQ. AND DIST. DHARWAD. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. H. MANJUNATH, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS, 2023), PRAYING TO QUASH THE COMPLAINT, CHARGE SHEET IN SPL.SC NO.61/2023 AND ORDER OF TAKING COGNIZANCE AND ISSUANCE OF PROCESS DATED 11/09/2023 ENTIRE PROCEEDINGS AGAINST AND THESE PETITIONERS/ACCUSED NO.1 TO 3 IN CRIME.170/2023 REGISTERED BY DHARWAD RURAL P.S., FOR THE OFFENCES PUNISHABLE UNDER SECTION 376 OF IPC, UNDER SECTIONS 17 AND 6 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCE ACT 2012 AND UNDER SECTIONS 9 AND 11 OF THE CHILD MARRIAGE RESTRICT ACT PENDING ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE AT: DHARWAD. IN CRL. P. NO.103896 OF 2025: BETWEEN: 1. KARIYAPPA S/O RAMAPPA MUGALI, AGE. 39 YEARS, OCC. COOLIE, R/O. HARIJAN KERI, KALAGERI, VTC, DHARWAD, PIN-580 007. 2. SMT. SHANTAVVA W/O KARIYAPPA MUGALI, AGE. 37 YEARS, OCC. COOLIE, R/O. HARIJAN KERI, KALAGERI, VTC, DHARWAD, PIN-580 007. … PETITIONERS (BY SRI. SUHAS K. HOSAMANI, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC-D:13407 CRL.P No. 103895 of 2025 C/W CRL.P. No.103896 of 2025 AND: 1. THE STATE OF KARNATAKA, BY DHARWAD RURAL P.S., REPRESENTED BY S.P.P., HIGH COURT BUILDING, DHARWAD, PIN-580 011. 2. XXXX AGE. 21 YEARS, OCC. HOUSEHOLD WORK, R/O. KELAGERI, TQ. AND DIST. DHARWAD-580 007. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. H. MANJUNATH, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS, 2023), PRAYING TO QUASH THE COMPLAINT, CHARGE SHEET IN SPL.SC NO.61/2023 AND ORDER OF TAKING COGNIZANCE AND ISSUANCE OF PROCESS DATED 11/09/2023 AND ENTIRE PROCEEDINGS AGAINST THESE PETITIONERS/ACCUSED NO.4 AND 5 IN CRIME.170/2023 REGISTERED BY DHARWAD RURAL P.S., FOR THE OFFENCES PUNISHABLE UNDER SECTION 376 OF IPC, UNDER SECTIONS 17 AND 6 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCE ACT 2012 AND UNDER SECTIONS 9 AND 11 OF THE CHILD MARRIAGE RESTRICT ACT PENDING ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE AT: DHARWAD. THESE PETITIONS ARE COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:13407 CRL.P No. 103895 of 2025 C/W CRL.P. No.103896 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused Nos.1 to 5 in Special S.C. No.61 of 2023 pending before the Court of II Additional District and Sessions Judge and Special Judge, Dharwad, arising out of Crime No.170 of 2023 registered by Dharwad Rural Police Station, Dharwad for offences punishable under Sections 9 and 11 of Child Marriage Restraint Act, Sections 17 and 6 of POCSO Act and Section 376 of IPC, are before this Court in these two petitions filed under Section 528 of BNSS, 2023, with a prayer to quash the entire proceedings in the aforesaid cases against them. 2. Learned counsels appearing for the petitioners and learned counsel appearing for respondent No.2 in both the petitions jointly submit that dispute between the parties has been amicably settled at the intervention of the elders and well wishers of the parties after charge sheet was filed in the present case. Accused No.1 has now married the victim girl, who is a major. Their marriage is also registered. Pendency of this case has been not only causing hardship to the couple to live a happy married life, but the same is also causing hardship to their family - 5 - HC-KAR NC: 2025:KHC-D:13407 CRL.P No. 103895 of 2025 C/W CRL.P. No.103896 of 2025 members including the other accused in the present case. They submit that from the wedlock of accused No.1 and respondent No.2, two children are born to them and therefore, in the interest of justice, prayer made in the application filed by the parties seeking permission of this Court to compound the alleged offences for which the accused have been charge sheeted, and also the prayer made in these two petitions may be granted. 3. Per contra, learned HCGP has brought to the notice of this Court that the petitioners have been charge sheeted for non-compoundable offences. 4. The parties to these two petitions have filed application under Section 320(2) read with Section 482 of Cr.P.C., seeking permission of this Court to compound the alleged offences for which charge sheet has been filed against the petitioners and the said applications are signed by the parties and also by their respective advocates. The applications are also supported by the affidavit of the parties. Accused No.1 is the son of accused Nos.2 and 3. Accused Nos.4 and 5 are the parents of the victim girl. Accused Nos.1 to 5 and the victim girl are present before the Court in person. The parties, who are present before - 6 - HC-KAR NC: 2025:KHC-D:13407 CRL.P No. 103895 of 2025 C/W CRL.P. No.103896 of 2025 the Court are identified by their respective advocates. Parties have stated that settlement arrived between them is voluntary, without their being any undue influence and coercion. Along with the application filed by the parties seeking permission of this Court to compound the offences for which the petitioners are charge sheeted, the Marriage Registration Certificate of accused No.1 with the victim girl is also produced. The application which is supported by the affidavit of the parties is taken on record. In paragraph Nos.3 to 7 of the application filed under Section 320(2) of Cr.P.C. it is stated as follows: “3. Due to intervention of the parents and elders of both the families, the petitioners and respondent No.2 have settled the matter amicably out of Court. 4. The respondent No.2 and accused No.1 have got married on 16.01.2024 and also on 13.02.2024 their marriage was registered and they are having two children at present they are residing together. 5. The parties have now amicably resolved their differences without any coercion, undue influence, or external pressure. - 7 - HC-KAR NC: 2025:KHC-D:13407 CRL.P No. 103895 of 2025 C/W CRL.P. No.103896 of 2025 6. The respondent No.2 hereby unconditionally withdraws and discharges all allegations made against the petitioner in the FIR and subsequent proceedings and has no objection to the quashing in Spl. S.C. No.61/2023 pending on the file of the Hon’ble II Additional District and Sessions Judge and Spl. Judge, Dharwad. 7. The settlement between the parties is voluntary, and no monetary or other consideration has been exchanged. Both parties undertake not to raise any further claims or disputes arising out of the subject matter of this case.” 5. In paragraph 3 of the affidavit of the victim girl, it is stated as follows: “3. I state that the 2nd respondent and the petitioners No.1 to 3 are husband, father-in-law and mother-in-law, after the incident, there are no instances of any quarrel by the petitioners and in view of the same the relatives, well-wishers and elders advised to settle the issues and that today on my volition, without there being any coercion, threat or force by anybody filed joint memo.” - 8 - HC-KAR NC: 2025:KHC-D:13407 CRL.P No. 103895 of 2025 C/W CRL.P. No.103896 of 2025 6. The Hon'ble Supreme Court in the case of GIAN SINGH Vs. STATE OF PUNJAB1 has held that power under Section 482 of Cr.P.C. is required to be exercised to secure the ends of justice and to prevent abuse of process of Court and these powers can be exercised to quash the legal proceedings or complaint or FIR in appropriate cases where the parties have settled their dispute and for that purpose any definite category of offence cannot be prescribed. In the case of PARBATBHAI AAHIR Vs. STATE OF GUJARAT2 the Hon'ble Supreme Court has observed that the powers under Section 482 of Cr.P.C. are not restricted by the provisions outlined under Section 320 of Cr.P.C., which means, the High Court can exercise its inherent powers independently notwithstanding the limitations under Section 320 of Cr.P.C. A Co-ordinate Bench of this Court in almost identical circumstances in the case of MOHAMMAD WASEEM AHAMAD Vs. STATE3, in view of the settlement arrived between the parties after the accused and the victim got married and the victim had given birth to a child, has quashed the entire proceedings in the criminal case which was 1 (2012) 10 SCC 303 2 (2017) 9 SCC 641 3 AIR OnLine 2022 KAR 314 - 9 - HC-KAR NC: 2025:KHC-D:13407 CRL.P No. 103895 of 2025 C/W CRL.P. No.103896 of 2025 pending before the Special Court for similar offences. In the case of AARUSH JAIN Vs. STATE OF KARNATAKA AND ANOTHER4, a Co-ordinate Bench of this Court has observed as follows: "xxxxxxxxxxx It is an admitted fact that the petitioner and the victim were close friends and were infatuated to each other. Several Courts as quoted hereinabove have considered the impact of hauling an under aged boy into the web of the provisions under the POCSO Act has clearly held that POCSO Act was not meant to punish the accused who were in love with the victims therein. 14. It is a known fact which bear consideration in the aforequoted judgments, in physiological parlance, that adolescence of a child is between 10 to 19 years and young age is said to be between 20 to 24 years. Therefore, adolescence is a continuum of development process in the life of a child metamorphosing into young age or an adult. It would not be inapt to notice that young children or boys who have not yet reached the age of 18 years, many a time, without realizing or being ignorant of the consequences of their act which they perform in the frenzy of youth, emerge 4 Crl.P. No.3710/2022, DD: 09.09.2022 - 10 - HC-KAR NC: 2025:KHC-D:13407 CRL.P No. 103895 of 2025 C/W CRL.P. No.103896 of 2025 themselves as offenders under the provisions of POCSO Act and face serious consequences. Romantic love between a boy and a girl of the age of adolescence sometimes arising out of infatuations result in the boy embroiling himself into the vortex of the provisions of the POCSO Act. 15. The laudable object for which the POCSO Act was brought into effect cannot be forgotten, but that would not mean that it is meant to punish young children who would fall in love and commit such acts which would become punishable under the Act, a caveat, this Court is not painting every incidence of sexual activity of any kind that would become an offence under the POCSO Act, with the same brush, but there are cases of the kind, like the one at hand, where the adolescents have indulged in such acts due to lack of knowledge of consequence of law. xxxxxxxxxxxx". 7. The Hon’ble Supreme Court in the case of MADHUKAR & ORS. Vs. THE STATE OF MAHARASHTRA AND ANR.5 in paragraph No.6 has held as follows: “6. At the outset, we recognise that the offence under Section 376 IPC is undoubtedly of a grave and heinous nature. Ordinarily, quashing of 5 2025 INSC 819 - 11 - HC-KAR NC: 2025:KHC-D:13407 CRL.P No. 103895 of 2025 C/W CRL.P. No.103896 of 2025 proceedings involving such offences on the ground of settlement between the parties is discouraged and should not be permitted lightly. However, the power of the Court under Section 482 Cr.P.C. to secure the ends of justice is not constrained by a rigid formula and must be exercised with reference to the facts of each case.” 8. No doubt Section 376 of IPC and Sections 4 and 6 of the POCSO Act are non-compoundable under Section 320 of Cr.P.C., however, considering the observation made by the Hon'ble Supreme Court in the cases of GIAN SINGH and PARBATBHAI (supra), that the powers of the High Court under Section 482 of Cr.P.C. are not restricted by the provisions of Section 320 of Cr.P.C. and the inherent powers under Section 482 of Cr.P.C. can be exercised to quash the FIR or criminal proceedings if this Court is of the considered opinion that continuation of the criminal case is not in the interest of the parties and on the other hand ends of justice would be secured if the criminal proceedings is quashed, notwithstanding the fact that alleged offences are non-compoundable, still this Court in deserving cases can quash the entire proceedings. - 12 - HC-KAR NC: 2025:KHC-D:13407 CRL.P No. 103895 of 2025 C/W CRL.P. No.103896 of 2025 9. The Hon'ble Supreme Court in the case of RAMGOPAL AND ANOTHER Vs. STATE OF MADHYA PRADESH6, has held that even in cases involving non compoundable offences where compromise is voluntary and allegations are private in nature, extra ordinary powers of the High Court can be exercised beyond the metes and bounds of Section 320 of Cr.P.C. 10. Accused No.1 has now married the victim girl after she has attained the age of majority and they also have children. Accused Nos.2 and 3 are the parents of accused No.1 and accused Nos.4 and 5 are the parents of the victim girl. It is stated in the affidavit that accused and victim girl are all now residing together happily and the parties who were present before the Court have stated that pendency of this case has been causing hardship to them and therefore, they intend to give a quietus to their inter se dispute. Under the circumstances, I am of the opinion that this is a fit case wherein the inherent powers of this Court needs to be exercised to do complete justice to the parties who are before this Court. Accordingly, the following: 6 AIR 2022 (14) SCC 531 - 13 - HC-KAR NC: 2025:KHC-D:13407 CRL.P No. 103895 of 2025 C/W CRL.P. No.103896 of 2025 ORDER Criminal Petitions are allowed. The entire proceedings in Special S.C. No.61 of 2023 pending before the Court of II Additional District and Sessions Judge and Special Judge, Dharwad, arising out of Crime No.170 of 2023 registered by Dharwad Rural Police Station, Dharwad for offences punishable under Sections 9 and 11 of Child Marriage Restraint Act, Sections 17 and 6 of POCSO Act and Section 376 of IPC, as against the petitioners herein, is quashed. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH / CT:BCK LIST NO.: 1 SL NO.: 32