- 1 - NC: 2025:KHC-D:1656 CRL.P No. 102866 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 102866 OF 2024 (482(CR.PC)/528(BNSS)) BETWEEN: 1. VITTAL SIDDAPPA MADENNAVAR, AGE: 31 YEARS, OCC: AGRICULTURE, R/O: HARUGOPPA, TQ: SAVADATTI, DIST: BELAGAVI-591 126. 2. SIDDAPPA IRAPPA MADENNAVAR, AGE: 61 YEARS, OCC: AGRICULTURE, R/O: HARUGOPPA, TQ: SAVADATTI, DIST: BELAGAVI-591 126. 3. KAMALAVVA SIDDAPPA MADENNAVAR, AGE: 53 YEARS, OCC: AGRICULTURE, R/O: HARUGOPPA, TQ: SAVADATTI, DIST: BELAGAVI-591 126. 4. SAHADEV PAKKAPPA VANNUR, AGE: 46 YEARS, OCC: COOLIE, R/O: MALLUR, TQ: SAVADATTI, DIST: BELAGAVI-591 126. 5. RUDRAVVA SAHADEV VANNUR, AGE: 39 YEARS, OCC: HOUSEHOLD, R/O: MALLUR, TQ: SAVADATTI, DIST: BELAGAVI-591 126. … PETITIONERS (BY SRI. R.H. ANGADI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, (MURGOD POLICE STATION, BELAGAVI), R/BY STATE PUBLIC PROSECUTOR, THE HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD- 580 011. B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.03 11:33:23 +0530 - 2 - NC: 2025:KHC-D:1656 CRL.P No. 102866 of 2024 2. SMT. JYOTI KUBER KOPPAL, AGE: 44 YEARS, OCC: ANGANAVADI SUPERVISOR, R/O: DODAWAD, TQ: BAILAHONGAL, DIST: BELAGAVI 591 126. … RESPONDENTS (BY SRI. ASHOK T. KATTIMANI, AGA FOR R1; SMT. JOSHNA P. DHANAVE, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., (U/SEC. 528 OF BNSS, 2023) PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS SPL. CASE NO.577/2023 ARISING OUT OF IN MURGOD P.S. CRIME NO.259/2023, FOR THE OFFENCES PUNISHABLE U/S 9, 10, 11 OF PROHIBITION OF CHILD MARRIAGE ACT 2006, U/S 376(2) (N) R/W SECTION 34 OF IPC AND SECTION 4 AND 6 OF POCSO ACT 2012, PENDING ON THE FILE OF ADDL. DISTRICT AND FTSC-I, BELAGAVI, SO FAR AS PETITIONERS WHO ARE ARRAYED AS ACCUSED NO.1 TO 5, TO MEET THE ENDS OF JUSTICE. THIS PETITION IS COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER Smt.Joshna P Dhanave, learned counsel files power on behalf of respondent No.2. 2. The petitioners – accused Nos.1 to 5, who are facing the prosecution for the offences punishable under Sections 9, 10, 11 of Prohibition of Child Marriage Act, 2006 and Sections 376(2)(n) read with Section 34 of IPC and Sections 4 and 6 of POCSO Act, 2012, are before this Court. - 3 - NC: 2025:KHC-D:1656 CRL.P No. 102866 of 2024 3. The case of the prosecution is that, the petitioners – accused Nos.1 to 5 fully aware that the daughter of accused No.4 is a minor, solemnized her marriage with accused No.1, and following the marriage, accused No.1 had sexual intercourse with the survivor resulting in pregnancy and the subsequent birth of a child. At the time of delivery, the hospital noticed that the survivor was a minor and lodged a complaint with respondent No.1. 4. The accused Nos.1 to 5 including the survivor are present before Court and have filed an application for compounding stating that the marriage of accused No.1 with the daughter of accused No.4 was solemnized inadequately, and ignorance of law. The said application is placed on record. 5. As of the date of marriage, the survivor was 17 years old. A male child was born from the wedlock and is currently one year and two months old. If the petitioners – accused Nos.1 to 5 – are subjected to trial, their incarceration would cause misery and agony to the child and the survivor rather than serve the ends of justice. The survivor and the child are dependent on accused No.1 for their livelihood. In view of the above, the impugned proceedings require to be quashed. Accordingly, I pass the following: ORDER i) The petition stands allowed. - 4 - NC: 2025:KHC-D:1656 CRL.P No. 102866 of 2024 ii) The impugned proceedings in Spl.Case No.577/2023 pending on the file of the learned Addl. District and FTSC-1, Belagavi, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM CT:BCK List No.: 1 Sl No.: 100