- 1 - NC: 2025:KHC-D:2152 CRL.P No. 103601 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103601 OF 2023 (482(Cr.PC)/528(BNSS)) BETWEEN: SHRI. KALLOLEPPA S/O. PRAKASH BANDIWADDAR, AGE. 30 YEARS, OCC. MASON, R/O. MADDI ONI, RAMDURG, TQ. RAMDURG AND DIST. BELAGAVI-591123. …PETITIONER (BY SRI. S.M.MUCHHANDI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THE POLICE INSPECTOR RAMDURG, DISTRICT BELAGAVI-591119, R/BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, AT DHARWAD BENCH-580011. 2. SMT. RENAWWA W/O. BHAGAPPA BANDIWADDAR, AGE. 38 YEARS, OCC. COOLIE, R/O. WADDAR ONI, RAMADURG, TQ. RAMADURG AND DIST. BELAGAVI-591123. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1; SRI. MAHANTESH S.HIREMATH, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO CALL FOR THE RECORDS IN SPL.CASE NO.274/2021 PENDING ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE FTSC-I BELAGAVI AT BELAGAVI, AND TO ALLOW THE PETITION FILED BY THE PETITIONER/ACCUSED BY QUASHING THE ENTIRE CHARGE SHEET FILED IN SPL.CASE.NO.274/2021 (RAMADURG P.S. CRIME NO.199/2021) U/S 366(A), 376(2)(n) OF IPC AND SECTION 4 AND 6 OF POCSO ACT AND SECTION 11 OF PROHIBITION OF CHILD MARRIAGE ACT, PENDING TRIAL ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-I, BELAGAVI. B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.20 16:40:26 +0530 - 2 - NC: 2025:KHC-D:2152 CRL.P No. 103601 of 2023 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. Petitioner/accused is charge sheeted for the offences punishable under Sections 366(A) and 376(2)(n) of the Indian Penal Code (IPC) and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 11 of the Prohibition of Child Marriage Act. 2. The case of the prosecution is that the petitioner/accused knowing fully well that the daughter of complainant is a minor, forcibly took her and married and thereafter, committed sexual intercourse. 3. The parties are present before this Court and have filed a joint affidavit, stating that the marriage of daughter of the complainant with accused was solemnized on 26.04.2022 and the same was registered in the office of Registrar of Marriages, Belagavi, and from the said wedlock, they have two children, and as of today they are leading cordial matrimonial life. 4. The survivor and her mother are present before this Court and have stated that the survivor and the children are dependents on the petitioner/accused for the livelihood, and if the petitioner-accused is subjected to trial, it would result in incarceration of the petitioner/accused resulting in causing misery and agony to the survivor rather than securing justice. The survivor - 3 - NC: 2025:KHC-D:2152 CRL.P No. 103601 of 2023 as of the date of incident was aged about 17 years and the accused was aged about 27 years and the sexual intercourse between them was consensual one out of love and affection. 5. Therefore, the continuation of the criminal proceedings will be an abuse of process of law. Accordingly, I pass the following: 6. Accordingly, I pass the following: ORDER i) The petition is allowed. ii) The impugned proceedings in Spl Case.No.274/2021 pending on the file of Additional District and Sessions Judge FTSC-I, Belagavi, insofar as it relates to the petitioner – accused stands quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE AC CT:VH List No.: 5 Sl No.: 2