- 1 - HC-KAR NC: 2025:KHC:28030 CRL.P No. 6056 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.6056 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. KRISHNA S AGED ABOUT 23 YEARS S/O SRINIVASA 2. SRINIVASA AGED ABOUT 52 YEARS S/O GAVIGOWDA U KARIGULLI 3. SMT ASHA AGED ABOUT 42 YEARS W/O SRINIVASA PETITIONERS NO.1 TO 3 R/AT SENAPATHIHALLI VILLAGE SOSALE HOBLI, BANNURU POST T NARASIPURA TALUK MYSURU DISTRICT – 571 101. 4. SMT RANI W/O MAHADEVA AGED ABOUT 38 YEARS HEGGURU VILLAGE, BANNURU HOBLI T.NARASIPURA TALUK MYSURU DSITRICT – 571 101. …PETITIONERS (BY SRI. HEMANTH KUMAR K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY BANNUR POLICE STATION MYSURU REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 560 001. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28030 CRL.P No. 6056 of 2024 2. SMT TARA W/O NAGARAJU AGED ABOUT 38 YEARS CWC OFFICER, T.NARASIPURA R/AT NEAR PAVITRA APARTMENT T.NARASIPURA TALUK, MYSURU DISTRICT – 571 124. …RESPONDENTS (BY SRI.CHANNAPPA ERAPPA, HCGP FOR R-1 & R-2; SRI. M.G. SATEESHA, ADVOCATE FOR VICTIM) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING THAT TO QUASH THE ENTIRE CHARGE SHEET IN SPL.C.NO.198/2023 FOR THE OFFENCE P/U/S 363, 376(2)(L)(n) OF IPC AND SEC.5(j)(ii), 5(L), 6 OF POCSO ACT AND SEC.9 OF CHILD MARRIAGE RESTRAINT ACT AGAINST THE PETITIONERS BEFORE THE HON’BLE FTSC I ADDITIONAL DISTRICT AND SESSIONS JUDGE AT MYSURU. 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, the petitioners seek the following relief: “To quash the entire Charge-Sheet in Spl.C.No.198/2023 for the offences punishable under Sections 363, 376(2) (l) (n) of Indian Penal Code, 5(j) (ii), 5(L), 6 of POCSO Act and 9 of Child Marriage Restraint Act against the petitioners before Hon'ble FTSC-I Additional District & Sessions Judge at Mysuru in the interest of justice.” 2. Learned counsel for the victim has filed Application – I.A.2/2024 along with Joint Affidavit duly signed by petitioner No.1 and the victim and their respective counsel and the same is taken on record. - 3 - HC-KAR NC: 2025:KHC:28030 CRL.P No. 6056 of 2024 3. Petitioner No.1 – accused No.1 and his counsel and the victim are physically present before the Court and they admit the contents of the Application and Joint Affidavit, which reads as under:- “APPLICATION UNDER SECTION 482 READ WITH 320 OF THE CODE OF CRIMINAL PROCEDURE That for the reasons sworn to in the annexed Joint- Affidavit, it is humbly prayed that, this Hon’ble Court be pleased to permit to compound the offences by quashing the entire charge-sheet against the petitioners in Spl.C.No.198/2023 for the offences punishable under Sections 363, 376(2)(l)(n) of Indian Penal Code, 5(j)(ii), 5(l), 6 of POCSO Act and 9 of Child Marriage Restraint Act against the petitioners before Hon’ble FTSC-I Additional District & Sessions Judge at Mysuru in the interest of justice.” “JOINT AFFIDAVIT “We, (1) Krishna S. S/o Srinivasa, aged about 23 years, residing at Senapathihalli village, Sosale Hobli, Bannuru post, T. Narasipura Taluk, Mysuru District – 571 101 now at Bengaluru. (2) Smt. Sumithra H.M W/o. Krishna.S & D/o Mahadeva aged 18 years 2 months residing at Hegguru, Bannur Hobli, T. Narasipura Taluk, Mysore-571101 now at Bengaluru, do hereby solemnly affirm and state on oath as follows: - 4 - HC-KAR NC: 2025:KHC:28030 CRL.P No. 6056 of 2024 1. We state that, we are the 1st petitioner and Victim/CW- 4 husband & wife respectively in the above case and we know the facts of the case, hence we are swearing to this joint affidavit. 2. We submit that, we both have got married with the consent of both of our families. Now we have got a male child by name Anvith Gowda K.S. born on 29-04-2023 and living happily with both of our families. There is a statement of parents of the victim is very clear that they do not know the date of birth of the victim and she is major at that time. As per the annexed Aadhar card of the victim she is a major now. 3. The CW-1 / respondent No-2 who is a children welfare officer by mistake of facts filed a false case against the petitioners. We both are living cordially even before the registration of the above case due to this case we could not live with the dignity & reputation before the society. We both were in love and now also living happily with love along with our families, hence to maintain the dignity of our families without any blemish for our future, it is very much necessary, as such this Hon'ble Court may quash the charge-sheet against all the petitioners in Spl.C.No.198/2023 for the offences punishable under Sections 363, 376(2)(l)(n) of Indian Penal Code, 5(j)(il), 5(L), 6 of POCSO Act and 9 of Child Marriage Restraint Act against the petitioners before Hon'ble FTSC-1 Additional District & Sessions Judge at Mysuru in the interest of justice. 4. If this application is not allowed serious prejudice will be caused to both of us and to our families. - 5 - HC-KAR NC: 2025:KHC:28030 CRL.P No. 6056 of 2024 Wherefore, this Hon'ble Court be pleased to allow the accompanying application and quash the charge-sheet as prayed for, in the interest of justice. We, the deponents hereby state that, whatever stated above are true and correct to the best of our knowledge, information and belief.” 4. In view of the aforesaid settlement entered into between the petitioner No.1 and the victim, I pass the following: ORDER (i) The petition is disposed of in terms of Application – I.A.2/2024 and Joint Affidavit dated 01.07.2024. (ii) The proceedings in Spl.C.No.198/2023 (arising out of Crime No.288/2022 of 1st respondent – Police) registered for the offences punishable under Sections 363, 376(2) (i) (n) of IPC, 5(j)(ii), 5(L), 6 of POCSO Act and Section 9 of Child Marriage Restraint Act pending on the file of FTSC-I Addl. District & Sessions Judge, Mysuru, insofar as the petitioners are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV; List No.: 5 Sl No.: 2