- 1 - HC-KAR NC: 2025:KHC:25534 CRL.P No. 7641 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 7641 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: MR SHIVARAJU @ SHIVU S/O MADESH AGED ABOUT 27 YEARS R/AT HONNURU VILLAGE YALANDURU TALUK CHAMARAJANAGARA KARNATAKA – 571 443. …PETITIONER (BY SRI. KUMARA K G.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY KOLLEGALA RURAL POLICE STATION CHAMARAJANGARA – 571 316. REP BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU 560 001. 2. RAJAMMA W/O LATE LINGARAJU AGED ABOUT 37 YEARS RF/AT UPPARA BADAVANE HONNURU VILLGE YALANDURU TALUKU CHAMARAJANGARA 571 441. …RESPONDENTS (BY SRI. B.N. JAGADEESHA, ADDL.SPP FOR R-1 SRI. TEJAS.N, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO ALLOW THE PETITION BY QUASH THE PROCEEDINGS IN SPL.C.NO.145/2024 PENDING ON THE FILE OF THE ADDL.DISTRICT AND SESSIONS JUDGE FTSC-1 CHAMARAJANAGAR WHICH IS ARISING OUT Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25534 CRL.P No. 7641 of 2025 OF CR.NO.92/2024 OF KOLLEGALA RURAL P.S. FOR THE OFFENCE P/U/S 363,376(2)(n) OF IPC AND 66(E) OF I.T ACT AND SEC.4,5(L),6,8,12,15(2) OF POCSO ACT AND ALSO TO QUASH THE ORDER OF TAKING COGNIZANCE AND ALL CONSEQUENTIAL PROCEEDINGS AS AN ABUSE OF PROCESS OF LAW. THIS PETITION, COMING ON FOR ORDERS, 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 relief:- “ WHEREFORE, the petitioner above named most humbly prays that this Hon’ble Court be pleased to allow the petition by quash the proceedings in SPL.C.No.145/2024 pending on the file of the Addl. District and Sessions Judge, FTSC-1, CHAMARAJANAGARA, which is arising out of Crime No. 92/2024 of Kollegala Rural Police Station, for offence Punishable under section 363, 376(2) (n) of IPC, 66(E) of Information Technology Act 2000 and 4, 5(L), 6,8, 12, 15(2) of Prohibition of Children Sexual Offences Act 2012 and also to quash the order of taking cognizance and all consequential proceedings as an abuse of process of law, in the interest of justice and equity.” 2. Learned counsel for the petitioner – accused and learned counsel for 2nd respondent – complainant have filed compromise petition under Section 359 r/w Section 528 of BNSS, 2023 along - 3 - HC-KAR NC: 2025:KHC:25534 CRL.P No. 7641 of 2025 with Joint Affidavit both dated 10.07.2025 duly signed by the petitioner, 2nd respondent, victim and their respective counsel and the same is taken on record. 3. Petitioner – accused, respondent No.2 – complainant, victim and their respective counsel are physically present before the Court and they admit the contents of the aforesaid application and Joint Affidavit, which reads as under:- APPLICATION UNDER SECTION 359 R/W SECTION 528 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 “ The petitioner, Victim Girl and respondent no.2 Jointly submit before this Hon’ble Court as follows: 1. The respondent No.2 has lodged a complaint dated: 06/05/2024 before the respondent No.1 police which came to be registered as Crime No.92/2024 and further charge sheet was filed against the petitioners in SPL.C.No.145/2024 on the file of the Hon’ble Addl. District and Sessions Judge, FTSC-1, CHAMARAJANAGARA by the respondent No.1, for the offences Punishable under section 363, 376(2) (n) of IPC, 66(e) of Information Technology Act 2000 and 4, 5(L) 6, 8, 12, 15(2) of Prohibition of Children Sexual Offences Act 2012. 2. The Petitioner and victim girl submit that at the intervention of well-wishers the petitioner and victim are intending to compound the case and the victim is not intending to proceed further with the case against the petitioner. - 4 - HC-KAR NC: 2025:KHC:25534 CRL.P No. 7641 of 2025 3. The petitioner has taken the responsibility to take utmost care of the victim girl who as attained majority now and look after her with utmost love and affection. The victim girl is also willing to live with her husband the Petitioner and her in- laws in their house going forward and the victim girls and Petitioner got married and their marriage also registered. 4. There has been a lot of changes in the circumstances from the date on which the complaint was filed to this day and the circumstances now warrant that the petitioner and the victim girl lead a happy married life with the permission of this Hon'ble court. 5. The victim girl and petitioner submit that there is no coercion compulsion on her to compound the offences and on his own free will agreed to compound the case. Hence this application seeking kind permission of this Hon’ble Court to compound the offences. Wherefore, this Hon'ble court be pleased to accord permission to compound offences in SPL.C.No.145/2024 on the file of the Hon'ble ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-1 CHAMARAJANAGARA (Crime No.92/2024) for the offence Punishable under section 363, 376(2) (n) of IPC, 66(E) Information Technology Act 2000 and 4, 5(L), 6, 8, 12, 15(2 Prohibition of Children Sexual Offences Act 2012 consequently be pleased to allow the main petition filed section 482 of Cr.PC as prayed for therein in the inter justice and equity.” JOINT AFFIDAVIT - 5 - HC-KAR NC: 2025:KHC:25534 CRL.P No. 7641 of 2025 “WE, 1) SHIVARAJU @ SHIVU S/O MADESH, AGED ABOUT 27 YEARS, R/AT HONNURU VILLAGE, YALANDURU TALUK, CHAMARAJANAGAR, KARANTAKA – 571 441 AND 2) AKSHATHA N D/O NAGARAJU, AGED ABOUT 18 YEARS, R/AT # 0, UPPARA STREET, DODDINDUVADI VILLAGE AND POST CHAMARAJANAGARA – 571 443, do here by solemnly affirm and state as follows; 1. We are the petitioner and Victim in the above petition. We know the facts of the case. 2. The Statements made in the paragraphs 1 to 6 of the accompanying application are true and correct to the best of our knowledge, information and belief and nothing has been concealed nor misrepresented, hence we do hereby swear accordingly and this is out name and signatures. We, the deponents above named, do hereby declare that this is our names and signature and the contents of this affidavit are true and correct.” 4. In view of the aforesaid settlement entered into between the petitioner, 2nd respondent and victim, I pass the following: ORDER (i) Petition is disposed of in terms of the application and Joint Affidavit both dated 10.07.2025. - 6 - HC-KAR NC: 2025:KHC:25534 CRL.P No. 7641 of 2025 (ii) The proceedings in Spl.C.No.145/2024 arising out of Crime No.92/2024 registered by the 1st respondent – Police for offences punishable under Sections 363, 376(2) (n) of IPC, 66(E) of Information Technology Act, 2000 and Sections 4, 5(L), 6, 8, 12, 15(2) of Prohibition of Children from Sexual Offences Act, 2012, pending on the file of Addl.District and Sessions Judge, FTSC-1, Chamarajanagar, insofar as the petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.