- 1 - HC-KAR NC: 2025:KHC-D:11376 CRL.P No. 102019 of 2025 C/W CRL.P No. 102384 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102019 OF 2025 C/W CRIMINAL PETITION NO. 102384 OF 2025 (482(Cr.PC)/528(BNSS)) IN CRL.P. NO.102019 OF 2025: BETWEEN: 1. CHANDRASHEKHAR S/O SURESH GUDDAMANE, AGE. 36 YEARS, OCC. PHOTOGRAPHER, R/O. MARKET ROAD, RABKAVI, NOW AT TODALABAGI, TQ. JAMKHANDI, DIST. BAGALKOT-587 330. 2. VENKATESH S/O RAMACHANDRA AYACHIT, AGE. 58 YEARS, OCC. PRIEST, R/O. SAVALAGI, TQ. JAMKHANDI, DIST. BAGALKOT-587 330. … PETITIONERS (BY SRI. RAHUL S. KUNTOJI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD, THROUGH SAVALAGI POLICE STATION, TQ. JAMKHANDI, DIST. BAGALKOT-587 330. 2. SMT. ANURADHA W/O BASAVANT HADIMANI, AGE. 46 YEARS, OCC. GOVT. GAZETTED, R/O. CDPO OFFICE, BANDDIGANI, RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11376 CRL.P No. 102019 of 2025 C/W CRL.P No. 102384 of 2025 TQ. RABAKAVI BANAHATTI, DIST. BAGALKOT-587 301, REPRESENTED BY HCGP. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1 AND R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO QUASH THE CRIMINAL PROCEEDINGS IN CC NO.1460/2022 INITIATED AGAINST THE PETITIONERS (ACCUSED NO.6 AND 7) ON THE FILE OF PRL. CIVIL JUDGE AND JMFC, JAMKHANDI CRIME NO.07/2022, SAVALAGI P.S., FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 9, 10 AND 11 OF CHILD MARRIAGE RESTRAINT ACT, 2006, INSOFAR AS IT PERTAINS TO THE PETITIONERS, IN THE INTEREST OF JUSTICE AND EQUITY. IN CRL. P. NO.102384 OF 2025: BETWEEN: 1. HANAMANT S/O SURESH GAVALI, AGE. 26 YEARS, OCC, AGRICULTURE, R/O. SAVALAGI, TQ. JAMKHANDI, DIST. BAGALKOT-587 330. 2. SMT. MINAKSHI @ GEETA SURESH GAVALI, AGE. 39 YEARS, OCC. HOUSEHOLD, R/O. SAVALAGI, TQ. JAMKHANDI, DIST. BAGAKOT-587 330. 3. AMBANNA S/O KRISHNA JADHAV, AGE. 48 YEARS, OCC. AGRICULTURE, R/O. SAVALAGI, TQ. JAMKHANDI, DIST. BAGALKOT-587 330. 4. SMT. VIMALA W/O AMBANNA JADHAV, AGE. 43 YEARS, OCC. HOUSEHOLD, R/O. SAVALAGI, TQ. JAMKHANDI, DIST. BAGALKOT-587 330. - 3 - HC-KAR NC: 2025:KHC-D:11376 CRL.P No. 102019 of 2025 C/W CRL.P No. 102384 of 2025 5. KUMAR S/O DASHARATH JADHAV, AGE. 34 YEARS, OCC. AGRICULTURE, R/O. SAVALAGI, TQ. JAMKHANDI, DIST. BAGALKOT-587 330. … PETITIONERS (BY SRI. RAHUL S. KUNTOJI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD, THROUGH SAVALAGI POLICE STATION, TQ. JAMKHANDI, DIST. BAGALKOT-587 330. 2. SMT. ANURADHA W/O BASAVANT HADIMANI, AGE. 46 YEARS, OCC. GOVT. GAZETTED, R/O. CDPO OFFICE, JAMKHANDI, DIST. BAGALKOT-587 301. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS, 2023), PRAYING TO QUASH THE CRIMINAL PROCEEDINGS IN CC NO.1460/2022 INITIATED AGAINST THE PETITIONERS (ACCUSED NO.1 TO 5) ON THE FILE OF PRL. CIVIL JUDGE AND JMFC, JAMKHANDI FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 9, 10 AND 11 OF CHILD MARRIAGE RESTRAINT ACT, INSOFAR AS IT PERTAINS TO THE PETITIONERS, IN THE INTEREST OF JUSTICE AND EQUITY. THESE PETITIONS ARE COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:11376 CRL.P No. 102019 of 2025 C/W CRL.P No. 102384 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused Nos.1 to 7 are before this Court in these two petitions filed under Section 482 of Cr.P.C. with a prayer to quash the entire proceedings as against them in C.C.No.1460 of 2022 pending before the Court of Principal Civil Judge and JMFC, Jamkhandi arising out of Crime No.7 of 2022 registered by Savalgi Police Station, Jamkhandi taluk, Bagalkot district for offences punishable under Sections 9, 10 and 11 of the Child Marriage Restraint Act. 2. Heard learned counsel for the petitioners and the learned HCGP for respondent Nos.1 and 2. 3. Learned counsel for the petitioners submits that in view of the bar provided under Section 9 of the Child Marriage Restraint Act, 1929, the trial Court could not have taken cognizance of the alleged offences after the expiry of 1 year from the date on which the offences are allegedly - 5 - HC-KAR NC: 2025:KHC-D:11376 CRL.P No. 102019 of 2025 C/W CRL.P No. 102384 of 2025 committed. On this short point, he prays to allow the petition. 4. Per contra, learned HCGP has opposed the petition. 5. Sections 9, 10 and 11 of the Child Marriage Restraint Act, 1929, read as follows: “9. Mode of taking cognizance of offences.- No Court shall take cognizance of any offence under this Act after the expiry of one year from the date on which the offence is alleged to have been committed. 10. Preliminary inquiries into offences.- Any Court, on receipt of a complaint of an offence of which it is authorised to take cognizance, shall, unless it dismisses the complaint under Section 203 of the [Code of Criminal Procedure, 1973 (2 of 1974)] either itself make an inquiry under Section 202 of that Code or direct a Magistrate subordinate to it to make such inquiry. 11. Power to take security from complainant.- Repealed by the Child Marriage Restraint (Amendment) Act, 1949 (41 of 1949), Sec. 7 (w.e.f. 15-7-1949).]” 6. Section 11 of the Child Marriage Restraint Act, 1929 was repealed by the Child Marriage Restraint (Amendment) Act, 1949. Sections 9, 10 and 11 of the Child Marriage Restraint Act, 1929 are not penal provisions. The - 6 - HC-KAR NC: 2025:KHC-D:11376 CRL.P No. 102019 of 2025 C/W CRL.P No. 102384 of 2025 Child Marriage Restraint Act was enacted with a view to restrain solemnisation of child marriage and the said Act was subsequently amended in 1949 and 1978 in order to raise the age limit of the male and female persons for the purpose of marriage. With an intention to make the provisions of the said Act more effective and the punishment provided thereunder more stringent, by the Act 6 of 2007, the Central Government brought it force the prohibition of the Child Marriage Act, 2006, which came into force with effect from 01.11.2007. Section 21 of the Prohibition of Child Marriage Act, 2006, provides for repeal and savings and the same reads as follows: “21. Repeal and savings.—(1) The Child Marriage Restraint Act, 1929 (19 of 1929) is hereby repealed. (2) Notwithstanding such repeal, all cases and other proceedings pending or continued under the said Act at the commencement of this Act shall be continued and disposed of in accordance with the provisions of the repealed Act, as if this Act had not been passed.” 7. From the reading of the aforesaid provision of law, it is apparent that the Child Marriage Restraint Act, 1929 is repealed and only cases and other proceedings - 7 - HC-KAR NC: 2025:KHC-D:11376 CRL.P No. 102019 of 2025 C/W CRL.P No. 102384 of 2025 pending or continued under the said Act as on the date of commencement of the Prohibition of the Child Marriage Act, 2006, shall be continued and disposed of in accordance with the provisions of the repealed Act. In the case on hand, charge sheet has been filed for the offences punishable under Sections 9, 10 and 11 of the Child Marriage Restraint Act, on 04.11.2023 and as on the said date, the said Act was not in force. The learned trial Judge without appreciating this aspect of the matter has mechanically taken cognizance of the charge sheeted offences by order dated 03.01.2024 and thereafter issued summons to the accused. It is under these circumstances, the petitioners are before this Court. 8. In my considered view, the charge sheet could not have been filed for the alleged offences under the provisions of the Child Marriage Restraint Act which was repealed much before registration of FIR in the present case and the provisions for which charge sheet was filed are not penal provisions. The learned trial Judge has failed to - 8 - HC-KAR NC: 2025:KHC-D:11376 CRL.P No. 102019 of 2025 C/W CRL.P No. 102384 of 2025 appreciate this aspect of the matter. Therefore, the order of taking cognizance cannot be sustained. Accordingly, the following: ORDER (i) The Criminal Petitions are partly allowed. (ii) The order dated 03.01.2024, passed by the Court of Principal Civil Judge and JMFC, Jamkhandi in C.C.No.1460/2022 is quashed and the matter is remitted to the trial Court to pass fresh orders in accordance with law. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK CT:BCK List No.: 1 Sl No.: 1