- 1 - NC: 2025:KHC-D:1191 CRL.P No. 103066 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO.103066 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: SHRI. NAVEEN S/O. VITTAL KUMBI AGE. 23 YEARS, OCC. DRIVER, R/O. BANNUR, TQ. RAMADURG, DIST. BELAGAVI-591130. …PETITIONER (BY SRI. S.M. MUCHHANDI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THE POLICE INSPECTOR KATAKOL, TQ. KATAKOL, DIST. BELAGAVI-591114, R/BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, HIGH COURT OF KARNATKA, AT. DHARWAD BENCH-580011. 2. SMT. PUSHPA W/O. NAVEEN KUMBI AGE. 19 YEARS, OCC. R/O. BANNUR, TQ. RAMADURG, BELAGAVI-591130. …RESPONDENTS (BY SRI. T.HANUMAREDDY, ADDL. GOVT. ADVOCATE FOR R1 SRI. MAHANTESH S.HIREMATH, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), SEEKING TO CALL FOR THE RECORDS IN SPL.CASE NO.245/2022 PENDING ON THE FILE OF ADDL.DISTRICT AND SESSIONS JUDGE FTSC-I, BELAGAVI AND FURTHER TO ALLOW THE PETITION FILED BY THIS PETITIONER/ACCUSED BY QUASHING THE ENTIRE CHARGE SHEET FILED IN SPL.CASE NO.245/2022 (KATAKOL P.S. CR.NO.151/2022 FOR THE OFFENCE P/U/SEC.376(2)(n) OF IPC AND SECTION 4 AND 6 OF POCSO ACT) B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.25 11:20:48 +0530 - 2 - NC: 2025:KHC-D:1191 CRL.P No. 103066 of 2024 PENDING TRIAL ON THE FILE OF ADDL.DISTRICT AND SESSIONS JUDGE FTSC-I BELAGAVI. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner is sought to be prosecuted for the offences punishable under Section 376(n) of the Indian Penal Code, 1860 and Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012. 2. The case of the prosecution is that, the accused, fully knowing that the survivor was aged 16 years, for the past two years prior to the date of incident, was in love with her and induced the survivor to come to his house, and thereafter committed forcible sexual intercourse on multiple occasions. The date of birth of the survivor is 25.07.2006 and the alleged incident took place on 14.08.2022, and as of that date, the survivor was aged 16 years and the petitioner/accused was aged 21 years. 3. The petitioner/accused and the survivor represented by their counsel are present before this Court. The survivor as of today is more than 18 years of age. 4. Learned counsel for the petitioner has filed a Memo, dated 22.01.2025, along with a Joint Affidavit of the petitioner/accused and the respondent No.2-survivor. In the Joint Affidavit, the petitioner/accused and the survivor have stated that - 3 - NC: 2025:KHC-D:1191 CRL.P No. 103066 of 2024 the sexual intercourse was consensual one and their marriage was solemnised on 11.08.2024 and the same is registered before the jurisdictional Sub-Registrar on 31.08.2024, and they are leading a cordial matrimonial life as of today. The Joint Affidavit is placed on record. 5. The respondent No.2-survivor, who is present before the Court has agreed to withdraw all the allegations made against the petitioner/accused, and she has no objection to quash the impugned criminal proceedings against the petitioner/accused. 6. Learned Additional Government Advocate for respondent No.1-State submits that the alleged offences are heinous and crime against the society and therefore, the alleged offences cannot be compounded and sought for dismissal of the petition. 7. The survivor is dependent on the petitioner for her livelihood, and there are no other means of earning livelihood. If the criminal proceedings are allowed to continue, it would result in incarceration causing more misery and agony to the survivor rather than securing the ends of justice. 8. The object of POCSO Act is to protect minors from sexual abuse and not to criminalize the consensual relationship between two adolescents who had consensual sexual intercourse without knowing the consequences. The petitioner and the survivor come from the lower socio economic segment having limited access to information and knowledge, thus depriving them of the - 4 - NC: 2025:KHC-D:1191 CRL.P No. 103066 of 2024 consequences in having consensual sexual intercourse. Though having sexual intercourse consensually with the minor is an offence under the POCSO Act, however, having regard to the facts and circumstances of the case, to secure the ends of justice, it would be appropriate to quash the impugned proceedings, otherwise, it would result in miscarriage of justice to the survivor. 9. In the light of the above, the impugned criminal proceedings are required to be quashed. Hence, I pass the following: ORDER i) Accordingly, the criminal petition is allowed. ii) The impugned criminal proceedings in S.C. No.245/2022 pending on the file of Additional District & Sessions Judge FTSC-I, Belagavi, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE KMS Ct:vh List No.: 4 Sl No.: 1