- 1 - HC-KAR NC: 2025:KHC:40118 CRL.P No. 14010 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 14010 OF 2025 BETWEEN: SRI. BHANU PRASAD A. S/O. ASHWATHAPPA, AGED ABOUT 22 YEARS, R/AT WARD NO.22, K.E.B. KOTRASS, BAGEPALLI, BAGEPALLI TALUK, CHIKKABALLAPURA DIST-563 135. …PETITIONER (BY SRI. MANJUNATH A.C., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY BAGEPALLI POLICE STATION, CHIKKABALLAPURA-561 207, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. 2. XXXX XXXX …RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1; SRI. K.H. RAJAPPA, ADVOCATE FOR R2) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:40118 CRL.P No. 14010 of 2025 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO CALL FOR THE RECORDS AND QUASH THE F.I.R AND COMPLAINT PENDING ON THE FILE OF THE ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-I, AT CHIKKABALLAPURA, IN CRIME NO.254/2025 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 137(2) OF THE BHARATIYA NYAYA SANHITA, 2023 AND SUBSEQUENTLY ADDED ADDITIONAL SECTIONS UNDER SECTION 127(3) BHARATIYA NYAYA SANHITA AND UNDER SECTION 8 AND 12 OF THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012 AND UNDER SECTION 9 OF THE PROHIBITION OF CHILD MARRIAGE ACT, 2006 VIDE ANNEXURE-A AND B. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner, learned HCGP for the State and the learned counsel appearing for respondent No.2/victim. Perused the material on record. 2. This petition is preferred under Section 528 of BNSS, 2023 seeking to quash the FIR and complaint in Crime No.254/2025 of Bagepalli Police Station, Chickaballapur and the consequent proceedings initiated against the petitioner, pending on the file of the Court of - 3 - HC-KAR NC: 2025:KHC:40118 CRL.P No. 14010 of 2025 Additional District and Sessions Judge, FTSC-I at Chickaballapur. 3. The FIR is registered against the petitioner under Section 137(2) of BNS on a complaint lodged by one Ramesh N., wherein he has reported to the police about missing of his minor daughter aged about 17 years 11 months. On securing the victim her statement was recorded on 12.08.2025. The police have sought to include Section 127(3) BNS, Section 8, 12 of the POCSO Act and Section 9 of the Prohibition of Child Marriage Act. 4. An application is filed by the learned counsel appearing for respondent No.2/victim along with her affidavit. It is stated that respondent No.2 has attained the age of majority and thereafter, she has married the petitioner on 15.08.2025 and the marriage was registered on 24.09.2025. It is further stated that in view of the intervention of the elders and well-wishers of the respective family members, all the dispute has been settled and therefore, she is not interested to prosecute - 4 - HC-KAR NC: 2025:KHC:40118 CRL.P No. 14010 of 2025 the case. Separate affidavits are filed by the petitioner and respondent No.2. 5. Petitioner, respondent No.2 and her father, who set the law into motion, are present before the Court. They are identified by their respective learned counsels. Respondent No.2 and her father would submit that only after attaining the age of majority, respondent No.2 has married the petitioner on 15.08.2025. 6. As per prosecution, respondent No.2/victim was aged about 17 years 11 months when the law was set into motion. It is alleged that on 27.07.2025 she was kidnapped and married by the petitioner and subjected to penetrative sexual assault. 7. I have perused the statement of the victim recorded on 12.08.2025. The said statement does not reveal that she was subjected to penetrative sexual assault prior to attaining the age of majority. The respective parties have unequivocally stated that the - 5 - HC-KAR NC: 2025:KHC:40118 CRL.P No. 14010 of 2025 marriage was performed on 15.08.2025, after respondent No.2 attained the age of majority. 8. According to prosecution, the date of birth of the victim/respondent No.2 is 07.08.2007. There is no acceptable material to show that the marriage of the petitioner with respondent No.2 was performed when the victim was a minor. On the other hand, there is material to show from the marriage registration certificate and the invitation card that the marriage was performed on 15.08.2025, which is after respondent No.2 attaining the age of majority. 9. In this case, the victim herself, after attaining majority has entered into a valid marriage with the petitioner. She has come forward before the Court urging quashing of the prosecution initiated against the petitioner. In the peculiar facts, and having regard to the larger object of ensuring stability in the matrimonial life of the parties, this Court is of the considered view that the ends of justice would be served by exercising the inherent - 6 - HC-KAR NC: 2025:KHC:40118 CRL.P No. 14010 of 2025 jurisdiction to quash the proceedings. Hence, the following: ORDER Criminal Petition is allowed. The entire proceedings arising out of Crime No.254/2025 of Bagepalli Police Station, Chickaballapura, pending on the file of the Court of Additional District and Sessions Judge, FTSC-I at Chickaballapura, are quashed. I.A.No.1/2025 is allowed. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 44