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2025 DAILYLAW 74003 (KAR)

SRI. PRUTHVI RAJ. K. M. v. STATE OF KARNATAKA

CRL.P/9405/2025 · 2025-07-23

S R Krishna Kumar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:28019 CRL.P No. 9405 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.9405 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: SRI. PRUTHVI RAJ. K. M. S/O MUNIYAPPA, AGED ABOUT 26 YEARS, R/A KADRIPURA VILLAGE, VEMAGAL TALUK, KOLAR DISTRICT - 563 102. …PETITIONER (BY SRI. DEVENDRA N, ADVOCATE) AND: 1. STATE OF KARNATAKA BY CHINTAMANI POLICE STATION, CHIKKABALLAPUR REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU 560 001. 2. SRI. ASHWTHAPPA S/O RAMAPPA, AGED ABOUT 47 YEARS, R/A A. RAGUTTAHALLI VILLAGE, CHINTAMANI TALUK, CHIKKABALLAPUR - 563 125. 3. MS. NANDINI. A, W/O PRUTHVI RAJ. K. M, AGED ABOUT 19 YEARS, R/A KADRIPURA VILLAGE, VEMAGAL TALUK, KOLAR DISTRICT - 563 102. …RESPONDENTS (BY SMT. SOWMYA.R, HCGP FOR R-1 SRI. ABHILASH KUMAR.M.N, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR CR.NO.60/2024 LATER REGISTERED AS Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28019 CRL.P No. 9405 of 2025 SPL.SC NO.112/2024 ON THE FILE OF ADDL. DIST. AND SESSIONS JUDGE AND FTSC-1 (POCSO) CHIKKABALLAPUR FOR THE O/P/US/ 363,366,376(2) (N) OF IPC AND SEC. 6 OF POCSO ACT, 2012 AND SEC. 9 PROHIBITION OF CHILD MARRIAGE ACT AT ANNEXURE C COUPLED WITH. FOR ADMISSION A/W I.A 1/2025.MD22.07.2025. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner has sought for the following relief:- “Wherefore the Petitioner requests this Hon’ble Court to quash the FIR in Crime No.0060/2024 later registered as Spl. SC No.112/2024 on the file of Additional District and Sessions Judge & FTSC-1[POCSO]. Chikkaballapur for the offences punishable under Section 363, 366, 376 (2) (n) of IPC and Section 6 of Protection of Children From Sexual Offences Act, 2012 and Section 9 of Prohibition of Child Marriage Act at Annexure-C coupled with grant such other relief’s as this Hon’ble Court may deem fit to grant in the interest of justice.” 2. Learned counsel for the petitioner – accused has filed affidavits of petitioner and respondent No.3 duly signed by the petitioner, respondent No.3 and the same is taken on record. - 3 - HC-KAR NC: 2025:KHC:28019 CRL.P No. 9405 of 2025 3. Petitioner – accused, respondent No.3 and their counsel are physically present before the Court and they admit the contents of the Affidavits, which reads as under:- “Affidavit of Petitioner “I PRUTHVI RAJ.K.M, S/O Muniyappa, Aged about 26 years, R/a: Kadripura Village, Vemagal Taluk, Kolar District – 563 102 being fully conversant with the facts of the case by virtue of being the Petitioner in the said Criminal Petition today at Bengaluru do make oath and solemnly affirm as follows: 1. I state that, the respondent no.1 herein has registered as Spl. SC No 112/2024 on the file of Additional District and Session Judge &FTSC 1 [POCSO], the offences Chikkaballapur for the offences punishable under Section 363, 366, 376 (2) (n) of IPC and Section 6 of Protection of Children From Sexual Offences Act, 2012 and Section 9 of Prohibition of Child Marriage Act against me. 2. I state that I have filed the above criminal petition seeking quashing of the FIR in FIR in Crime No. 0060 / 2024 later registered as Spl. SC No. 112 / 2024 on the file of Additional District and Sessions Judge & FTSC [POCSO], Chikkaballapur for the offences punishable under Section 363, 366, 376 (2) (n) of IPC and Section 6 of Protection of Children From Sexual Offences Act, 2012 and Section 9 of Prohibition of Child Marriage Act. - 4 - HC-KAR NC: 2025:KHC:28019 CRL.P No. 9405 of 2025 3. I state that during the course of these proceedings with the intervention of the elders and well wishers of respective family the dispute between me and victim, Ms. Nandini. A was settled out of Court. 4. I state during the proceedings, the said Ms. Nandini. Attained majority and we got married on 10.11.2024 registered in the office of the Registrar of Marriage Chintamani bearing document no. CMN HM 00283 2024 25 registered on 14.11.2024. Further due to the intervention of the elders and well wishers of our respective well wishers we have settled the matter out of the Court. 5. I state that I am married to the Ms. Nandini. A and we have been living together under the same roof since 10.11.2024. 6. I state that, I have not filed any other application seeking similar relief before this Hon'ble Court along with main petition. 7. I state that, I have not exerted any pressure on the Smt. Ms. Nandini, A. Wherefore I request this Hon'ble Court to quash the proceedings in Crime No. 0060/2024 later registered as Spl. SC No. 112/2024 on the file of Additional District and Sessions Judge & FTSC1 [POCSO], Chikkaballapur for the offences punishable under Section 363, 366, 376 (2) (n) of IPC and Section 6 of Protection of Children From Sexual Offences Act, 2012 and Section 9 of Prohibition of Child Marriage Act against me in the interest of justice. - 5 - HC-KAR NC: 2025:KHC:28019 CRL.P No. 9405 of 2025 I, the deponent herein do make oath and solemnly affirm that this is my name and I have signed this affidavit and the contents of this affidavit are true to the best of my knowledge, belief and information.” Affidavit of respondent No.3 I, NANDINI. A,W/o Pruthvi Raj. K. M, Aged about 19 12 years a Kadripura Village, Vemagal Taluk, Kolar District 563 102 today at Bengaluru, do make oath and solemnly affirm as follows: 1. I state that I am the victim in the above case and I know the facts of the above case. 2. I state that, the respondent no. 1 herein has registered a case in Crime No. 0060 / 2024 later registered as Spl. SC No. 112/2024 on the file of Additional District and Sessions Judge & FTSC 1 [POCSO], Chikkaballapur for the offences punishable under Section 363, 366, 376 (2) (n) of IPC and Section 6 of Protection of Children From Sexual Offences Act, 2012 and Section 9 of Prohibition of Child Marriage Act against the petitioner herein. 3. I state that the 1st petitioner has filed the above criminal petition seeking quashing of the FIR in Crime No. 0060/2024 later registered as Spl. SC No. 112/2024 on the file of Additional District and Sessions Judge & FTSC - 1 [POCSO], Chikkaballapur for the offences punishable under Section 363, 366, 376 (2) (n) of IPC and Section 6 of Protection of Children From Sexual Offences Act, 2012 and Section 9 of Prohibition of Child Marriage Act. - 6 - HC-KAR NC: 2025:KHC:28019 CRL.P No. 9405 of 2025 4. I state that during the course of these proceedings with the intervention of the elders and well wishers of respective family the dispute between me and the petitioner was settled out of Court. 5. I state that, during the proceedings, I have attained majority on 07.04.2025 and married the petitioner on 10.11.2024 registered in the office of the Registrar of Marriage, Chintamani bearing document no. CMN НМ 00283-2024-25 registered on 14.11.2024. Further due to the intervention of the elders and well wishers of our respective well wishers we have settled the matter out of the Court. 6. I state that I am married to the petitioner and we have been living together under the same roof since 10.11.2024. 7. I further state that my pregnancy is seven months old and the pregnancy is through the petitioner herein. 8. I state that, in order to preserve the precious time of the Trial Court this affidavit is filed to quash the proceedings in Spl. S.C No. 112/2024 on the file of Additional District and Sessions Judge & FTSC1 [POCSO], Chikkaballapur for the offences punishable under Section 363, 366, 376 (2) (n) of IPC and Section 6 of Protection of Children From Sexual Offences Act, 2012 and Section 9 of Prohibition of Child Marriage Act. 9. I state that, I have filed this affidavit on my own will and consent without compulsion or pressure from anyone. - 7 - HC-KAR NC: 2025:KHC:28019 CRL.P No. 9405 of 2025 Wherefore I request this Hon'ble Court to quash the proceedings in Crime No. 0060/2024 later registered as Spl. SC No. 112/2024 on the file of Additional District and Sessions Judge & FTSC - 1 [POCSO], Chikkaballapur for the offences punishable under Section 363, 366, 376 (2) (n) of IPC and Section 6 of Protection of Children From Sexual Offenses Act, 2012 and Section 9 of Prohibition of Child Marriage Act against the petitioner in the interest of justice. I, the deponent herein do make oath and solemnly affirm that this is my name and I have signed this affidavit and the contents of this affidavit are true to the best of my knowledge, belief and information.” 4. In view of the aforesaid settlement entered into between the petitioner and respondent No.3, I pass the following: ORDER (i) The petition is disposed of in terms of Affidavits of petitioner and respondent No.3 both dated 23.07.2025. (ii) The proceedings in Spl.S.C.No.112/2024 (arising out of Crime No.60/2024 of 1st respondent – Police) registered for the offences punishable under Sections 363, 366, 376(2)(n) of IPC and Section 6 of POCSO Act, Section 9 - 8 - HC-KAR NC: 2025:KHC:28019 CRL.P No. 9405 of 2025 of Prohibition of Child Marriage Act, pending on the file of Additional District and Sessions Judge & FTSC – [POCSO], Chikkaballapur, insofar as the petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 5 Sl No.: 13