- 1 - HC-KAR NC: 2025:KHC:36677 CRL.P No. 12685 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 12685 OF 2025 BETWEEN: SRI MUNIRAJU M G, S/O. GANGULAPPA AGED ABOUT 24 YEARS, R/AT, NO. 170, PULAGURAKOTE, MUDDEPALLI VILLAGE, SRINIVASAPURA TALUK, KOAR DIST - 563 135. …PETITIONER (BY SRI. MANJUNATHA A C.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY CHELUR POLICE STATION CHIKKABALLAPURA - 563 124. REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. 2. SMT.RATHNAMMA, W/O. CHINNAPAIAH AGED ABOUT 45 YEARS, (MOTHER OF VICTIM) R/AT, ACHAGANAPALLI VILLAGE BAGEPALLI TALUK CHIKKABALLAPURA DIST - 563 159. …RESPONDENTS (BY SRI. ANOOP KUMAR, HCGP FOR R1, SRI K H RAJAPPA, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36677 CRL.P No. 12685 of 2025 ON THE FILE OF TEH LD. ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-I (POCSO), AT CHIKKABALLAPURA, IN SPL.SC.NO.86/2023 (IN CR.NO.45/2023) FOR THE ALLEGED OFFENCES P/U/S. 363, 344, 376(2)(n) OF IPC, AND U/S. 5(J)(III), 6 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012 AND U/S. 9 OF THE PROHIBITION OF CHILD MARRIAGE ACT, 2006 AGAINST THE PETITIONER VIDE ANNEURE-A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed by accused No.1 seeking quashing of the proceedings pending in Spl.SC No.86/2023 for the offences punishable under Sections 363, 344, 376(2)(n) of the IPC and Sections 5(J)(II), 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 9 of the Prohibition of Child Marriage Act, 2006. 2. Today, an application has been moved under Section 320(2) of the Code of Criminal Procedure, 1973 read with Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023, accompanied by an affidavit sworn to by the victim/defacto complainant. A copy of the victim’s affidavit is annexed to the said application. In paragraph 3 - 3 - HC-KAR NC: 2025:KHC:36677 CRL.P No. 12685 of 2025 of her affidavit, the victim has categorically stated that, after attaining the age of majority, her marriage was solemnized with the petitioner/accused No.1 in accordance with Hindu rites and customs. The petitioners have produced, along with the application, a certified copy of the marriage certificate dated 30.07.2025, which evidences the registration of their marriage. Respondent No.2 has further affirmed that she is presently residing with petitioner/accused No.1 at her matrimonial home and that they are leading a cordial and harmonious married life. She has also unequivocally requested this Court to terminate the criminal proceedings, notwithstanding the fact that the offences alleged namely, those punishable under Sections 363, 344, 376(2)(n) of the IPC, Sections 5(J)(ii) and 6 of the Protection of Children from Sexual Offences Act, 2012, and Section 9 of the Prohibition of Child Marriage Act, 2006 are by their very nature non- compoundable. - 4 - HC-KAR NC: 2025:KHC:36677 CRL.P No. 12685 of 2025 3. Upon careful examination of the records, this Court notes that respondent No.2 was approximately 17 years and 6 months old on the date of the alleged occurrence as per the prosecution case. It is further evident from the material produced that, subsequent to the incident and on attaining majority, respondent No.2 voluntarily entered into wedlock with petitioner/accused No.1; their marriage, performed in accordance with Hindu rituals, stands duly registered. Respondent No.2, who is presently about 19 years of age, has now voluntarily withdrawn the allegations and expressed her desire that the prosecution against petitioner/accused No.1 be brought to an end. The continuation of criminal proceedings in the peculiar facts of the case would not only undermine the settlement arrived at between the parties but also adversely affect the respondent No.2, who is now the legally wedded spouse of petitioner/accused No.1 and is keen to preserve the marital relationship. - 5 - HC-KAR NC: 2025:KHC:36677 CRL.P No. 12685 of 2025 4. While this Court is fully conscious that the offences under Section 376(2)(n) of the IPC, Sections 5(J)(ii) and 6 of the POCSO Act, 2012, and Section 9 of the Prohibition of Child Marriage Act, 2006 are serious in nature and non-compoundable, the facts of the present case present an exceptional circumstance. The victim herself, after attaining majority and entering into a valid marriage with the petitioner, has come forward before this Court to affirm the subsistence of the marriage and the cordiality of their relationship. She has expressly urged that the prosecution be quashed to prevent any disruption of her marital life and to secure her own interest. In such peculiar facts, and having regard to the larger object of ensuring stability in the matrimonial life of the parties, this Court is of the opinion that the ends of justice would be served by exercising the inherent jurisdiction to quash the proceedings. The continuation of prosecution in the face of a voluntary settlement, where the complainant has married the accused and seeks to protect her marital life, - 6 - HC-KAR NC: 2025:KHC:36677 CRL.P No. 12685 of 2025 would amount to an abuse of the process of law and would cause irreparable prejudice to respondent No.2. 5. Accordingly, taking a lenient view, and treating the present matter as an exception on account of its special facts, this Court deems it appropriate to terminate the prosecution initiated against petitioner/accused No.1. ORDER i) The Criminal Petition is allowed. ii) The entire proceedings in Spl. S.C. No.86/2023 (arising out of Crime No.45/2023) for the offences punishable under Sections 363, 344, 376(2)(n) of the IPC, Sections 5(J)(II) and 6 of the Protection of Children from Sexual Offences Act, 2012, and Section 9 of the Prohibition of Child Marriage Act, 2006, pending before the learned Additional District & Sessions Judge, FTSC-I (POCSO), Chikkaballapura, are hereby quashed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE BKM