- 1 - HC-KAR NC: 2025:KHC:38973 CRL.P No. 12666 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 12666 OF 2025 BETWEEN: 1. SRI NARASIMHAMURTHY S/O. RAMACHANDRAPPA AGED ABOUT 30 YEARS 2. SMT. LAKSMIDEVAMMA @ UPPARA LAKSHMIDEVAMMA S/O. LATE RAMACHANDRAPPA, AGED ABOUT 57 YEARS THE PETITIONER NO.1 AND 3 ARE R/AT PULAMATHI VILLAGE, KANCHINAPALLI MANDALAM HINDUPUR TALUK, ANANTAPUR DISTRICT ANDHRA PRADESH - 515 201. 3. SRI. RAMANJINAPPA W/O GANGAPPA AGED ABOUT 43 YEARS, 4. SMT. PADMA W/O. RAMANJI @ RAMANJINAPPA, AGED ABOUT 42 YEARS, THE PETITIONER NO.3 AND 4 ARE R/AT HUNASENAHALLI VILLAGE NAGARAGERE HOBLI, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:38973 CRL.P No. 12666 of 2025 GOWRIBIDANUR TALUK CHIKKABALLAPURA DIST - 561 208. …PETITIONERS (BY SRI. MANJUNATHA A.C, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY GOWRIBIDANUR RURAL POLICE STATION CHIKKABALLAPURA - 561 208. REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. 2. SMT. XXX D/O. RAMANJINAPPA W/O. U. NARASIMHAMURTHY AGED ABOUT 19 YEARS, R/AT 1-155, PULAMATHI VILLAGE KANCHINAPALLI MANDALAM HINDUPUR TALUK, ANANTAPUR DISTRICT ANDHRA PRADESH - 515 201. …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R-1; SRI. K.H. RAJAPPA, ADVOCATE FOR R-2) *** THIS CRL.P IS FILED U/S 482 OF 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-1 (POCSO) AT CHIKKABALLAPURA IN SPL.S.C.NO.69/2023 (IN CRIME NO.75/2022) FOR THE ALLEGED OFFENCE P/U/S 376(2)(n) OF THE IPC AND SEC.4 - 3 - HC-KAR NC: 2025:KHC:38973 CRL.P No. 12666 of 2025 AND 6 OF POCSO ACT 2012 AND SEC.9, 10, 11 OF THE PROHIBITION OF CHILD MARRIAGE ACT 2006 AGAINST THE PETITIONER VIDE ANNEXURE-A, ETC. THIS CRL.P., COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition has been filed by the accused, seeking quashing of the proceedings pending in Special S.C. No.69/2023 before the Additional District and Sessions Judge, FTSC-I (POCSO), Chikkaballapura, in which offences are alleged to have been committed punishable under Section 376(2)(n) of the Indian Penal Code, Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (“POCSO Act”), and Sections 9, 10, and 11 of the Prohibition of Child Marriage Act, 2006. 2. Along with the petition, the petitioners/accused have produced a Certificate of Marriage issued by the Sub- Registrar, Hindupur, confirming that the marriage between - 4 - HC-KAR NC: 2025:KHC:38973 CRL.P No. 12666 of 2025 accused No.1 and the victim has been solemnized and duly registered. Both the petitioners/accused and the victim are present before this Court. The victim has also filed an affidavit affirming the marriage and stating, at paragraph 4 thereof, that after attaining majority, she married accused No.1, and that the marriage was registered on 18.02.2025. 3. This Court has personally enquired from the second respondent/victim, who is present before this Court, regarding the circumstances of the marriage and her present status. On being queried, the victim has admitted that her marriage with accused No.1 has been solemnized with her free consent and that she is now leading a happy and harmonious marital life with the petitioner No.1/accused. 4. This Court has further ascertained the socio- economic status of the parties involved. Learned counsels on record have submitted, on instruction, that the parents - 5 - HC-KAR NC: 2025:KHC:38973 CRL.P No. 12666 of 2025 of the victim are agricultural labourers, while the petitioners/accused are also engaged in agricultural labour. On the date of the alleged incident, the victim was approximately 17 years of age. 5. While the offences alleged are undeniably serious, attracting the penal consequences under Section 376 IPC, the POCSO Act, and the Prohibition of Child Marriage Act, 2006, this Court is constrained to consider the peculiar facts and circumstances of the case, including the rural and remote background of the parties, their economic and social conditions, and the subsequent developments in their personal lives. In particular, the solemnization of marriage, with the consent of the parents, is a relevant factor which this Court must take into account while considering whether continuation of criminal proceedings would serve the interests of justice. 6. Continuation of proceedings under the POCSO Act, in particular, would have a direct and adverse impact - 6 - HC-KAR NC: 2025:KHC:38973 CRL.P No. 12666 of 2025 on the marital life of the victim, who is now approximately 19 years of age. The fact that the parties are married and are presently leading a happy marital life is a significant consideration, which this Court cannot ignore, particularly when the marriage has been solemnized post-attaining majority. 7. The Court is guided by the principles laid down by the Hon’ble Supreme Court in Mahesh Mukund Patel v. State of Uttar Pradesh1, where the Apex Court, taking into account the marriage certificate and the consent of the parties, observed that the High Court was not justified in refusing to permit the parties to record a settlement and bring closure to the proceedings. The observations of the Apex Court are squarely applicable to the present facts, and the Court is persuaded to exercise its powers under Section 482 of the Code of Criminal Procedure to quash the proceedings in the interest of justice. 1 2025 SCC OnLine SC 614 - 7 - HC-KAR NC: 2025:KHC:38973 CRL.P No. 12666 of 2025 8. Considering all the facts and circumstances of the case, the age of the victim, the consented marriage, the socio-economic background of the parties, and the settled law on closure of proceedings where the parties have married post-majority, this Court is of the prima facie view that continuation of the criminal proceedings would not serve the ends of justice. On the contrary, it is likely to adversely affect the welfare and marital life of the victim. 9. In view of the foregoing, this Court is inclined to exercise its inherent powers under Section 482 of the Cr.P.C. to quash the criminal proceedings, subject to the peculiarity of the facts and the interest of the victim. 10. Accordingly, the Court passes the following order: ORDER (i) The petition is allowed. - 8 - HC-KAR NC: 2025:KHC:38973 CRL.P No. 12666 of 2025 (ii) The proceedings pending in Special S.C. No.69/2023, for offences punishable under Section 376(2)(n) IPC, Sections 4 and 6 of the POCSO Act, 2012, and Sections 9, 10, and 11 of the Prohibition of Child Marriage Act, 2006, before the Additional District and Sessions Judge, FTSC-I (POCSO), Chikkaballapura, are hereby quashed. (iii) It is clarified that the quashment of proceedings is made in the peculiar facts and circumstances of the present case, having regard to the marriage of the parties post- attaining majority, and shall not be treated as a precedent in other cases of similar nature. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE BMV* List No.: 1 Sl No.: 61 CT: BHK