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2025 DAILYLAW 69848 (KAR)

SANTHOSH C N v. THE STATE OF KARNATAKA

CRL.P/10206/2025 · 2025-07-18

S R Krishna Kumar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:27055 CRL.P No. 10206 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 10206 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. SANTHOSH C N S/O NINGANAYAKA AGED ABOUT 28 YEARS OCC AGRICULTURIST, R/O CHAMALAPURA VILLAGE, SARAGUR TALUK, MYSURU DISTRICT -571 302. 2. NINGANAYAKA S/O KARINAYAKA AGED ABOUT 57 YEARS OCC AGRICULTURIST, R/O CHAMALAPURA VILLAGE, SARAGUR TALUK, MYSURU DISTRICT -571 302. 3. SMT. MAHADEVAMMA W/O NINGANAYAKA AGED ABOUT 33 YEARS OCC HOUSEWIFE, R/O CHAMALAPURA VILLAGE, SARAGUR TALUK, MYSURU DISTRICT - 571 302 (IN CHARGE SHEET FATHER'S NAME IS SHOWN AS SMT. MAHADEVAMMA) 4. SMT. RANI W/O MAHADEVANAYAKA AGED ABOUT 41 YEARS OCC: HOUSEWIFE, R/O CHAMALAPURA VILLAGE, SARAGUR TALUK, MYSURU DISTRICT -571 302 …PETITIONERS (BY SRI. R.B. DESHPANDE, ADVOCATE) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27055 CRL.P No. 10206 of 2025 AND: 1. THE STATE OF KARNATAKA BY SARAGUR POLICE STATION, SARAGUR CIRCLE, MYSURU DISTRICT - 571 302 (REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU-560 001) 2. SMT. CHINNAMMA D/O, W/O (NOT KNOWN TO PETITIONER) AGED ABOUT 54 YEARS, OCC: SUPERVISOR, CHILD DEVOLOPMENT PROJECT OFFICE, H.D. KOTE, TALUK H.D. KOTE, MYSURU DISTRICT. 3. SMT. AISHWARYA W/O SANTHOSH C.N AGED ABOUT 20 YEARS, OCC HOUSEHOLD WORK, R/O CHAMALAPURA VILLAGE, SARAGUR TALUK, MYSURU DISTRICT - 571 302. …RESPONDENTS (BY SRI. SOWMYA.R., HCGP FOR R-1 & R-2 SRI. HARISH.B.S, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE CRIMINAL PROCEEDINGS IN SPL.C. NO.681/2023 PENDING ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-I, MYSURU (CHARGE SHEETED FOR THE OFFENCE P/U/S. 376(2), R/W 34 IPC, SEC. 9, 11 OF CHILD MARRIAGE RESTRAINT ACT AND SEC. 5(L), 6, 21(1), OF POCSO ACT, 2012 IN CRIME NO.127/2023 OF SARAGUR P.S. MYSURU DISTRICT). THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:27055 CRL.P No. 10206 of 2025 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioners have sought for the following reliefs: “It is therefore prayed that this Hon'ble High Court may be pleased to quash the criminal proceedings in Spl. C. No.681/2023 pending on the file of Additional District and Sessions Judge, FTSC-I, Mysuru (charge sheeted for the offences punishable under Sections 376(2) R/w 34 IPC, Section 9, 11 of Child Marriage Restraint Act and Section 5(L), 6, 21(1) of POCSO Act-2012 in Crime No. 127/2023 of Saragur Police Station, Mysuru District) in the interest of justice.” 2. Learned counsel for the petitioners – accused Nos.1, 2, 3 and 5 and learned counsel for 3rd respondent – victim have filed an application I.A.1/2025 along with Joint affidavit duly signed by the petitioners, 3rd respondent and their respective counsel and the same is taken on record. 3. Petitioners – accused Nos.1, 2, 3 and 5, respondent No.3 and their counsel are physically present before the Court and they admit the contents of the application in I.A.1/2025 along with Joint affidavit, which reads as under:- - 4 - HC-KAR NC: 2025:KHC:27055 CRL.P No. 10206 of 2025 “APPLICATION UNDER SECTION 359(2)(8) BNSS-2023 r/w Section 528 BNSS-2023 (Section 320(1) and (8) R/w 482 OF THE CODE OF CRIMINAL PROCEDURE) FOR COMPOUNDING: “1. That petitioners above named being aggrieved by the criminal proceedings in Spl. Case No.681/2023 pending on the file of Addl. District and Sessions Judge and FTSC-I, Mysuru, (charge sheeted for the offences punishable under Sections 376(2) R/w 34 IPC, Section 9, 11 of Child Marriage Restraint Act and Section 5(L), 6, 21(1) of POCSO Act-2012 in Crime No. 127/2023 of Saragur Police Station, Mysuru District) have preferred the above this memorandum of Criminal Petition before this Hon'ble High Court. The grounds urged in the accompanying memorandum of criminal petition may kindly be read as part and parcel to this application. 2. It is submitted that Petitioner No.1 and Respondent No.3/CW2 are husband and wife and their marriage has been solemnised on 09-02-2025 and same has been registered on 17-04-2025 before Sub-Registrar, Heggadevana Kote, Mysuru district. Couple has a boy-child aged about one year and they are living together with other family members. Due to some wrong entry of date of birth which was given by parents' of respondent No.3/CW2 before school authority to get her admission to school at that time, and thus on the basis of the said entry the above case is registered. Respondent No.3/CW2 was major at the time of alleged incident who had the worldly knowledge about the physical relationship. Due to the case registered against petitioners upon such facts and circumstances - 5 - HC-KAR NC: 2025:KHC:27055 CRL.P No. 10206 of 2025 which was on technical grounds both the couple and other family members have put in a miserable condition in the society and facing criminal trial. 3. It is submitted that now the Respondent No.3/original complainant on advice of elders of her family members and well-wishers has amicably settled the disputes with the petitioners herein. It is submitted that in view of the settlement arrayed between the parties the Respondent No.3/original complainant withdraws her allegations against the petitioners. Further, the Respondent No.3/original complainant does not intend to proceed against the petitioners in the above case. That the settlement arrived between parties is voluntary and without any undue influence. Under these circumstances this Hon'ble High Court may be pleased to permit the petitioners and respondent No 3/original complainant to compound the case by quashing the criminal proceedings against the petitioners. IT IS THEREFORE prayed that this Hon'ble High Court may be pleased to permit the Petitioners and the Respondent No.3/Original Complainant/CW2 to compound the offence and be pleased to quash the criminal proceedings against the petitioners in Spl. C. No.681/2023 pending on the file of Additional District and Sessions Judge, FTSC-I, Mysuru (charge sheeted for the offences punishable under Sections 376(2) R/w 34 IPC, Section 9, 11 of Child Marriage Restraint Act and Section 5(L), 6, 21(1) of POCSO Act-2012 in Crime No. 127/2023 of Saragur Police Station, Mysuru District)in the interest of justice. - 6 - HC-KAR NC: 2025:KHC:27055 CRL.P No. 10206 of 2025 “JOINT AFFIDAVIT Herein WE, (1) Santhosh C.N. S/o Ninganayaka, aged about 28 years, Occ: Agriculturist, resident Village, Saragur Taluk, Mysuru District of Chamalapura and (2) Smt. Aishwarya W/o Santhosh C.N, aged about 21 years, occ: Household work, residing at Chamalapura Village, Saragur Taluk, Mysuru District both are in Bengaluru today do hereby solemnly affirm and state on oath as follows. 1. That we are the Petitioner No.1 and Respondent No. 3/original complainant respectively in the above mentioned Criminal Petition and we know the facts of the case, hence we are swearing to this affidavit. 2. That the statements made in paragraphs No.1 to 3 and subsequent paras of application for compounding the offences accompanying this affidavit are true to best of our knowledge and belief and we believe them as true and correct. We the deponents do hereby verify and declare that this is our name and signature and the statement and contents therein as above narrated are true and correct.” 4. In view of the aforesaid settlement entered into between the petitioners and 3rd respondent, I pass the following: ORDER - 7 - HC-KAR NC: 2025:KHC:27055 CRL.P No. 10206 of 2025 (i) The petition is disposed of in terms of application in I.A.1/2025 along with Joint affidavit dated 18.07.2025. (ii) The proceedings in Spl.C.No.681/2023 (arising out of Crime No.127/2023 of 1st respondent – Police) registered for the offences punishable under Sections 376(2) read with Section 34 of IPC, Sections 9 and 11 of Child Marriage Restraint Act and Sections 5(L), 6 and 21(1) of POCSO Act, pending on the file of Addl.District and Sessions Judge, FTSC-I, Mysuru, insofar as the petitioners are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.