- 1 - HC-KAR NC: 2025:KHC:28885 CRL.P No. 6994 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 6994 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. SRI. GANESHA. M. N. S/O. NARAYANAPPA, AGED ABOUT 24 YEARS, 2. SMT. LAKSHMAMMA, W/O. NARAYANAPPA, AGED ABOUT 70 YEARS, BOTH ARE R/AT. MALLIKARJUNAPURA VILLAGE CHINTHAMANI TALUK – 563 125 CHIKKABALLAPURA DISTRICT. …PETITIONERS (BY SRI. PRAKASH.T. HEBBAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY STATION HOUSE OFFICER, REPRESENTED BY S.H.O., CHINTHAMANI WOMEN POLICE STATION, CHINTHAMANI - 563 125. REP BY SPP, HIGH COURT BUILDING, BENGALURU- 560 001. 2. SMT. MANJULA W/O. MUNIRAJU, AGED ABOUT 37 YEARS, R/AT. MALLIKARJUNAPURA VILLAGE, CHINTHAMANI TALUK -563 125, CHIKKABALLAPURA DISTRICT. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28885 CRL.P No. 6994 of 2025 3. MS. XXXXXXXXX W/O. SRI. GANESHA M.N., D/O. MUNIRAJU, AGED ABOUT 21 YEARS, R/AT. MALLIKARJUNAPURA VILLAGE, CHINTHAMANI TALUK - 563 125. …RESPONDENTS (BY SRI. NAGESHWARAPPA.K, HCGP FOR R-1 SRI. H.R. RAGHU, ADVOCATE FOR R-3) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE CHARGE SHEET (BEARING A NO.25/2022) DATED 07.06.2022 FILED PURSUANT TO REGISTRATION OF FIR (CR.NO.39/2022) DATED 04.04.2022 IN SPL CC NO.76/2022 PENDING ON THE FILE OF THE HONBLE ADDL.DISTRICT AND SESSIONS COURT AT CHIKKABALLAPURA FTSC-I FOR THE OFFENCE P/U/S 363,376(2)(n),114 OF IPC, R/W SEC.6,17 OF POCSO ACT (FOR SHORT POCSO ACT) AND SEC.9 OF PROHIBITION OF CHILD MARRIAGE ACT. 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 seeks for the following reliefs: “A. To Quash the Charge Sheet (bearing A No. 25/2022) dated 07.06.2022, filed Pursuant to registration of FIR (Crime No.39/2022) dated 04.04.2022, in SPL.SC.No.76/2022, pending on the file of the Hon'ble Additional District & Sessions court at Chikkaballapura, FTSC-I for the offences punishable under Section 363, 376(2)(n), 114 of IPC, r/w Sec.6 & 17 of the Protection of Children from Sexual Offences Act 2012 (for short -POCSO Act) and Section 9 of Prohibition of Child Marriage Act 2006. - 3 - HC-KAR NC: 2025:KHC:28885 CRL.P No. 6994 of 2025 B. To grant such other order or reliefs to the petitioners, as this Hon'ble Court deems fit and proper in the interest of justice and equity.” 2. Learned counsel for 3rd respondent has filed an Affidavit duly signed by respondent No.3 and the same is taken on record. 3. Petitioner No.1 – accused No.1, respondent No.3 and their counsel are physically present before the Court and they admit the contents of the Affidavit, which reads as under:- AFFIDAVIT I, Smt. Anusha, W/o. Sri. Ganesha M.N., D/o. Muniraju, Aged about 21 years, R/at. Mallikarjunapura Village, Chinthamani Taluk 563125, Chikkaballapura District today at Bengaluru, do hereby solemnly affirm and state on oath as follows: 1. I am the 3rd Respondent in the above petition. I know the facts of the case, hence am swearing to the contents of this affidavit. 2. The Petitioner and I are residents of Mallikarjunapura Village, Chinthamani Taluk 563 125, Chikkaballapura District and we had friendship which slipped into love affair between us. Later both the 1st Petitioner and I decided and got married on 03.04.2022 at Veeranjaneya Swamy Temple, Kunnekshethra, Kuppali - 4 - HC-KAR NC: 2025:KHC:28885 CRL.P No. 6994 of 2025 Gate, Bangarpet Taluk. Without knowing the legal position as to the age for marriage I married the 1st Petitioner and both of us started living as husband and wife at Karahalli Village. 3. I submit that my mother the Respondent No.2 filed a complaint before the Police alleging that the 1st Petitioner has kidnapped me. The Police have filed FIR in Crime No.39/2022 against the Petitioners and subsequently filed charge sheet before the District and Sessions Judge at Chikkaballapura for the alleged offences under section 363, 372(2) & 114 of IPC, r/w Sec.6 & 7 of POCSO Act and Section 9 of Prohibition of Child Marriage Act. However, the Petitioners were enlarged on bail in Crime No.39/2022. 4. Subsequently, when I attained majority both the 1st Petitioner and I got married again before the jurisdictional Registrar on 08.03.2023. I submit that as the matter is settled between the 1st Petitioner's family and my family and as the 1st Petitioner and I are major and before the jurisdictional Registrar of Marriage, it is just and expedient that the proceedings before the District & Sessions Judge at Chikkaballapura in Crime No.39/2022 have to be quashed. In the above circumstances, I respectfully pray that this Hon'ble Court may be pleased to quash the entire proceedings pending before the District & Sessions Judge at Chikkaballapura in Crime No.39/2022 in the interest of justice. - 5 - HC-KAR NC: 2025:KHC:28885 CRL.P No. 6994 of 2025 I, the deponent herein do hereby declare that the contents of this affidavit are true and correct to the best of my knowledge, information and belief and I believe the same to be true and correct.” 4. In view of the aforesaid settlement entered into between the petitioner No.1 and 3rd respondent, I pass the following: ORDER (i) The petition is disposed of in terms of Affidavit dated 24.07.2025. (ii) The proceedings in Spl.SC.No.76/2022 (arising out of Crime No.39/2022 of 1st respondent – Police) registered for the offences punishable under Sections 363, 376(2)(n), 114 of IPC read with Sections 6 and 17 of the POCSO Act and Section 9 of Prohibition of Child Marriage Act, pending on the file of Additional District and Sessions Court, Chikkaballapura, FTSC-I, insofar as the petitioners are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.