- 1 - HC-KAR NC: 2025:KHC:29727 CRL.P No. 11069 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 11069 OF 2025 BETWEEN: KARADI NAGARAJU @ NAGARAJU S/O PRAKASH K, AGED ABOUT 28 YEARS, R/AT UCHANGIDURGA VILLAGE, HARAPPANAHALLI TALUK, VIJAYANAGARA, KARNATAKA. …PETITIONER (BY SRI. CHANDAN B K., ADVOCATE FOR SRI. BHADRAVADI SIDDESWARA, ADVOCATE) AND: 1. STATE OF KARNATAKA BY BYADARAHALLI POLICE STATION, BANGALORE DISTRICT, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BANGALORE. 2. SMT. HINDHUBAI W/O BHEEMANNA, AGED ABOUT 35 YEARS, RESIDING AT NO.-03, Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29727 CRL.P No. 11069 of 2025 ANNAPOORNESHWARI LAYOUT 2ND CROSS, TIGALARAPA LYA MAIN ROAD, 7TH CROSS, BALAJI NAGARA, BENGALURU CITY, KARNATAKA - 560 091. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1) THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) OF CR.P.C PRAYING TO QUASH THE CRIMINAL PROCEEDINGS IN CR.NO.665/2024 CORRESPONDING TO SPL.C NO.17/2025 OF BYADARAHALLI P.S, FOR THE O/P/U/S 137(2), 64 AND 74 OF THE BNS, 2023 AND SEC.4 OF THE POCSO ACT, 2012 WHICH IS PRESENTLY PENDING BEFORE THE HON'BLE ADDL.DIST. AND SESSIONS JUDGE, (FTSC-III), BENGALURU RURAL DISTRICT, BENGALURU AND ETC., 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 the accused seeking quashing of the proceedings pending in Crime No.665/2024 corresponding Spl.Case No.17/2025 pending on the file of the Hon'ble - 3 - HC-KAR NC: 2025:KHC:29727 CRL.P No. 11069 of 2025 Additional District and Sessions Judge (FTSC-III), Benglauru Rural District for the offence punishable under Section 137(2), 64 and 74 of the Bharatiya Nyaya Sanhita, 2023 and Section 4 of the Protection of Children from Sexual Offences Act, 2012. 2. Today, a joint affidavit for compromise is filed under Section 528 read with Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of the proceedings. It is asserted that the petitioner and respondent No.2, who was the victim in the present case, have solemnized their marriage on 12.06.2025. A certificate of registration of marriage issued in Form No.2-A under the Hindu Marriage Act, 1955 is placed on record, evidencing the lawful solemnization of the marriage. 3. This Court, in order to ascertain the voluntariness and genuineness of the compromise, has specifically queried respondent No.2. She has candidly acknowledged before this Court that she has now entered into a lawful marriage with the petitioner. Learned counsel for the petitioner, having regard to the fact that the petitioner has been charge-sheeted for the offence punishable under Section 4 of the Protection of Children - 4 - HC-KAR NC: 2025:KHC:29727 CRL.P No. 11069 of 2025 from Sexual Offences Act, 2012, has placed reliance on the judgment of the Hon’ble Supreme Court in Mahesh Mukund Patel vs. State of U.P. and Others1, which squarely applies to the facts of the present case. 4. In the said case, the Hon'ble Apex Court was dealing with a situation where the accused was charged under the POCSO Act, and the victim’s age was estimated to be between 17½ years and 19 years. The Court noted the peculiar circumstances wherein the prosecutrix had not supported the prosecution case and had subsequently married the accused. 5. While ordinarily the rigour of the POCSO Act may not permit quashing on the basis of compromise, the Hon'ble Apex Court carved out a narrow exception in the interest of justice, considering the marital status and the voluntary nature of the relationship, especially where the prosecutrix had attained majority and had entered into matrimony with the accused. Emphasizing the need to avoid subjecting the couple to the rigours of a criminal trial which may disrupt their married life, the Hon'ble Court proceeded to quash the proceedings. 1 2025 SCC Online SC 614 - 5 - HC-KAR NC: 2025:KHC:29727 CRL.P No. 11069 of 2025 6. Coming to the present case, it is borne out from the records that the victim was aged around 17 years at the time of the alleged incident. The charge sheet has been laid under Section 4 of the POCSO Act along with relevant provisions of the Bharatiya Nyaya Sanhita. However, respondent No.2 has not supported the prosecution case. More importantly, she has voluntarily solemnized her marriage with the petitioner on 12.06.2025 and is now residing with him. She has attained the age of majority and is not residing with her parents. On specific query from the Court, she reiterates that her marriage has been solemnized with the petitioner and that she does not wish to prosecute the matter any further. 7. Having regard to the peculiar facts of this case and keeping in view the principles enunciated by the Hon'ble Apex Court in Mahesh Mukund Patel (supra), this Court is of the considered view that continuing the criminal proceedings would not serve any fruitful purpose. On the contrary, it may result in inflicting irreparable harm to the matrimonial life of the parties, particularly when the victim herself seeks to put the matter to rest and continue her marital life with the petitioner. - 6 - HC-KAR NC: 2025:KHC:29727 CRL.P No. 11069 of 2025 8. Bearing in mind that the accused and the victim are now a young married couple, and considering the fact that the victim has attained the age of majority and is no longer residing with her parents, this Court is of the view that continuation of criminal proceedings would not subserve the ends of justice. It is also relevant to note that the marriage has been solemnized without the consent of the victim’s parents. In such circumstances, subjecting the accused to a full-fledged trial is likely to cause serious prejudice to the victim's rights. 9. In light of the aforesaid, and taking judicial notice of the marriage certificate placed on record, this Court is inclined to invoke its jurisdiction under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, read with Section 359 of the said enactment, and quash the proceedings. 10. Accordingly, this Court proceeds to pass the following: ORDER (i) The petition is allowed; - 7 - HC-KAR NC: 2025:KHC:29727 CRL.P No. 11069 of 2025 (ii) The proceedings in Crime No.665/2024 corresponding Special Case No.17/2025, pending on the file of the Hon’ble Additional District and Sessions Judge (FTSC-III), Bengaluru Rural District, for the offences punishable under Sections 137(2), 64, and 74 of the Bharatiya Nyaya Sanhita, 2023 and Section 4 of the Protection of Children from Sexual Offences Act, 2012, are hereby quashed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 2 Sl No.: 68