- 1 - NC: 2025:KHC-D:574 CRL.P No. 103607 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103607 OF 2023 (482(Cr.PC)/528(BNSS)) BETWEEN: NAFIZABANU D/O. MOHAMMED ISAK ANNEGERI AGE. 23 YEARS, OCC. HOUSEHOLD WORK, R/O. BETGERI KURATTI PET, DIST. GADAG. …PETITIONER (BY SRI. H.N.GULARADDI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH BETAGERI POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH-500008. 2. THE CHAIRMAN CHILD WELFARE COMMITTEE, TQ AND DIST. GADAG-582102. …RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, ADDL. GOVT. ADV. FOR R1; NOTICE TO R2 IS SERVED) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO, QUASH THE ORDER OF TAKING OF COGNIZANCE AND ISSUANCE OF SUMMONS DATED 02.06.2022 IN C.C.NO. 626/2022 PASSED BY THE II ADDL. CIVIL JUDGE AND JMFC II GADAG CRIME NO.84/2021 BETAGERI PS. FOR THE OFFENCE P/U/SEC. 10 AND 11 OF CHILD MARRIAGE ACT IN RESPECT OF PETITIONER/ACCUSED NO.3 ARE CONCERNED, PRODUCED AT ANNEXURE-D. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.17 16:45:20 +0530 - 2 - NC: 2025:KHC-D:574 CRL.P No. 103607 of 2023 ORAL ORDER 1. The petitioner, accused No. 3, is sought to be prosecuted for offences punishable under Sections 10 and 11 of the Prohibition of Child Marriage (Karnataka Amendment) Act, 2016. 2. The prosecution alleges that the petitioner, accused No. 3, a major girl solemnized a marriage with a minor boy on 5.7.2021 at Jamia Masjid. The FIR was lodged by the Police Inspector of Betageri, based on a complaint from Manjunath Bammanakatti, the President of the Child Welfare Committee, who informed the police that the petitioner, along with other accused persons, performed the marriage of a minor boy. Following this, the police registered the FIR, conducted an investigation, and submitted the charge sheet. 3. The learned counsel for the petitioner and the learned Additional Government Advocate for the respondent-State have been heard. 4. A perusal of the charge sheet reveals that the petitioner, accused No. 3, a major girl, was in a relationship with the minor boy. However, there is no allegation that the petitioner knowingly and intentionally solemnized the marriage with the minor boy. The charge sheet does not indicate that the petitioner was involved in conducting, directing, or abetting the child marriage. 5. Section 10 of the Prohibition of Child Marriage (Karnataka Amendment) Act, 2016, provides punishment for solemnizing a child marriage. It states that any person who - 3 - NC: 2025:KHC-D:574 CRL.P No. 103607 of 2023 performs, conducts, directs, or abets any child marriage shall be punishable with rigorous imprisonment, which may extend to two years. 6. Section 11 of the Act punishes those who promote or permit the solemnization of child marriages. It states that if a child contracts a child marriage, any person having charge of the child, whether as a parent, guardian, or in any other capacity, including any member of an organization or association, who performs any act to promote the marriage or permits its solemnization, or negligently fails to prevent it, including attending or participating in a child marriage, shall be punishable with rigorous imprisonment for up to two years. 7. In the present case, there is an absence of any allegations that the petitioner, accused No. 3, conducted, directed, or abetted the child marriage in question. Moreover, there is no allegation that the petitioner had custody or guardianship over the minor boy. Additionally, the charge sheet does not include any material evidence to substantiate that the boy was indeed a minor at the time of the marriage. 8. A review of the charge sheet reveals that there is no evidence to substantiate the claim that the marriage between accused No. 3 and the minor boy was solemnized on 5.7.2021. Therefore, the essential elements required to constitute the offences under Sections 10 and 11 of the Act are conspicuously absent. - 4 - NC: 2025:KHC-D:574 CRL.P No. 103607 of 2023 9. In the absence of allegations and material evidence to substantiate the charges, the continuation of the criminal proceedings would constitute an abuse of the process of law. Accordingly, I pass the following: ORDER i) The petition is allowed. ii) The impugned proceedings in CC No.626/2022 pending on the file of the learned II Addl. Civil Judge and JMFC II, Gadag, insofar as the petitioner – accused No.3 is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM Ct:vh List No.: 1 Sl No.: 84