- 1 - NC: 2025:KHC-D:1192 CRL.P No. 103067 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. 103067 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: SHRI. SHIVANAND S/O. BEERAPPA GOLABHAVI AGE. 23 YEARS, OCC. AGRICULTURE, R/O. BASTAWAD, TQ. RAIBAG, DIST. BELAGAVI-591317. …PETITIONER (BY SRI. S.M.MUCHHANDI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THE POLICE INSPECTOR HARUGERI, TALUK. RAIBAG, DIST. BELAGAVI-591220, R/BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, AT. DHARWAD BENCH-580011. 2. SMT. MAHADEVI W/O. BASAPPA SHIRAGAPPAGOL AGE. 45 YEARS, OCC.COOLIE, R/O. GUDLATTI TOTA BASTAWAD, TQ. RAIBAG, DIST.BELAGAVI-591317. …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.224/2022 PENDING ON THE FILE OF ADDL.DISTRICT AND SESSIONS JUDGE FTSC-I, BELAGAVI, FURTHER BE PLEASED TO ALLOW THE PETITION FILED BY THIS PETITIONER/ACCUSED BY QUASHING THE ENTIRE CHARGE SHEET FILED IN HARUGERI P.S. CRIME NO.138/2022 U/S 376(2)(f) OF IPC AND SECTION 4, 6, 5(j) (2) OF POCSO ACT PENDING TRIAL IN SPL.CASE NO.224/2022 ON THE B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.27 16:35:15 +0530 - 2 - NC: 2025:KHC-D:1192 CRL.P No. 103067 of 2024 FILE OF ADDL.DISTRICT AND SESSIONS JUDGE, FTSC-I, BELAGAVI. THIS PETITION, COMING ON FOR ADMISSION, 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(2)(f) of the Indian Penal Code, 1860 and Sections 4, 6 and 5(j)(2) 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 17 years, by promising to marry took her to an agricultural land and committed forcible sexual intercourse. 3. The petitioner/accused and the survivor represented by their counsel are present before this Court. The survivor as of today is 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, who is the mother of the survivor. In the Joint Affidavit, the mother of the survivor has stated that the marriage of her daughter with the petitioner was solemnised on 18.07.2024 and the same is registered before the jurisdictional Sub-Registrar on 23.09.2024, and they are leading a - 3 - NC: 2025:KHC-D:1192 CRL.P No. 103067 of 2024 happy and cordial matrimonial life as of today. The Joint Affidavit is placed on record. 5. The survivor and her mother, who are present before the Court, have agreed to withdraw all the allegations made against the petitioner/accused, and they have 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 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 - 4 - NC: 2025:KHC-D:1192 CRL.P No. 103067 of 2024 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 Spl. Case No.224/2022 pending on the file of Additional Sessions Judge, FTSC-I, Belagavi, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE KMS Ct:vh List No.: 4 Sl No.: 2