- 1 - HC-KAR NC: 2025:KHC:51236 CRL.P No. 14419 of 2025 C/W CRL.P No. 13698 of 2024 CRL.P No. 5356 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 14419 OF 2025 C/W CRIMINAL PETITION NO. 13698 OF 2024 CRIMINAL PETITION NO. 5356 OF 2025 IN CRL.P No. 14419/2025 BETWEEN: 1. KISHORE H.N S/O NANJUNDAIAH AGED ABOUT 34 YEARS R/A SURYA MALLESHWARA NILAYA, GOKUL COLLEGE ROAD HAROHALLI, KOLAR-563 101 2. NANJUNDAIAH S/O LATE PARVATHAIAH AGED ABOUT 60 YEARS R/A SURYA MALLESHWARA NILAYA, GOKUL COLLEGE ROAD HAROHALLI, KOLAR-563 101 3. NAGARATHNAMMA W/O NANJUNDAIAH AGED ABOUT 55 YEARS R/A SURYA MALLESHWARA NILAYA, GOKUL COLLEGE ROAD HAROHALLI, KOLAR-563 101 …PETITIONERS (BY SRI. ASHWINKUMAR V HANAGODIMATH, ADVOCATE) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:51236 CRL.P No. 14419 of 2025 C/W CRL.P No. 13698 of 2024 CRL.P No. 5356 of 2025 AND: 1. STATE OF KARNATAKA BY THE STATION HOUSE OFFICER KOLAR WOMEN POLICE STATION KOLAR-563 101 REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA-560001 2. XXXXXX XXXXXX XXXXXX …RESPONDENTS (BY SRI.ANOOP KUMAR M.V., HCGP FOR R1 SMT. A. ANANYA DIXIT., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR, CHARGE SHEET IN CR.NO.90/2024 REGISTERED BY THE KOLAR WOMEN P.S IN CR.NO.90/2024 AND PROCEEDINGS PENDING BEFORE THE LEARNED ADDL. AND SESSIONS JUDGE, FTSC-1 (POCSO) KOLAR IN SPL.C(P) NO.191/2024 FOR O/P/U/S 363,376(2)(n), 504,506,313 R/W SEC.149 IPC, SEC.6,19(1), 21 OF POCSO ACT, 2012 AND SEC.9 AND 10 OF PROHIBITION OF CHILD MARRIAGE ACT. IN CRL.P NO. 13698/2024 BETWEEN: 1. DR. SHALINI P.V W/O DR. ASHWIN K.V AGED ABOUT 49 YEARS 2. DR. ASHWIN S/O K.S. VENKATACHALAPATHI - 3 - HC-KAR NC: 2025:KHC:51236 CRL.P No. 14419 of 2025 C/W CRL.P No. 13698 of 2024 CRL.P No. 5356 of 2025 AGED ABOUT 49 YEARS BOTH PETITIONERS ARE R/AT MATHRU MATERNITY NURSING HOME BANGARPETE CIRCLE KOLAR-563 114. ...PETITIONERS (BY SRI. NANJUNDA GOWDA M.R, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY KOLAR WOMEN POLICE STATION KOLAR REPRESENTED BY STATE PUBLIC PROSECUTOR BENGALURU-560 001 2. XXXXXX XXXXXX XXXXXX ...RESPONDENTS (BY SRI.ANOOP KUMAR M.V., HCGP FOR R1 R2 SERVED) THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER IN SPL.C(POCSO) 191/2024 IN CR.NO.90/2024 OF KOLAR WOMEN POLICE, PENDING ON THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE FTSC-I (POCSO), KOLAR (SPECIAL COURT FOR POCSO), FOR THE OFFENCE P/U/S 313,363,376(2)(n),504,506 R/W 149 OF IPC, SEC.6,19(1),21 OF POCSO ACT, 2012, SEC.9 AND 10 OF CHILD MARRIAGE PROHIBITION ACT, 2006. - 4 - HC-KAR NC: 2025:KHC:51236 CRL.P No. 14419 of 2025 C/W CRL.P No. 13698 of 2024 CRL.P No. 5356 of 2025 IN CRL.P NO. 5356/2025 BETWEEN: 1. SRI. GIRISH S/O NANJUNDAIAH AGED ABOUT 36 YEARS R/AT SURYA MALLESHWARA NILAYA GOKUL COLLEGE ROAD HAROHALLI, KOLAR-563 114 2. SMT. PAVITHRA W/O GIRISH AGED ABOUT 30 YEARS R/AT SURYA MALLESHWARA NILAYA GOKUL COLLEGE ROAD HAROHALLI, KOLAR-563 114 ...PETITIONERS (BY SRI. NANJUNDA GOWDA M R.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY KOLAR WOMEN POLICE STATION KOLAR REPRESENTED BY STATE PUBLIC PROSECUTOR BENGALURU-560 001 2. XXXXXX XXXXXX XXXXXX ...RESPONDENTS (BY SRI.ANOOP KUMAR M.V., HCGP FOR R1 R2 SERVED) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS - 5 - HC-KAR NC: 2025:KHC:51236 CRL.P No. 14419 of 2025 C/W CRL.P No. 13698 of 2024 CRL.P No. 5356 of 2025 AGAINST THE PETITIONER IN SPL.C(POCSO) 191/2024 (IN CR.NO.90/2024) OF KOLAR WOMEN POLICE) WHICH IS NOW PENDING ON THE FILE OF THE ADDL. DISTRICT AND SESSIONS JUDGE FTSC-I(POCSO), KOLAR (SPECIAL COURT FOR POCSO) FOR THE OFFENCES P/U/S 313, 363, 376(2)(n), 504, 506 R/W 34 OF IPC, SEC. 6, 19(1), 21 OF POCSO ACT, 2012 AND SEC. 9 AND 10 OF CHILD MARRIAGE PROHIBITION ACT, 2006. THESE PETITIONS, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER These three petitions arise out of Crime No.90/2024 of Kolar Women Police Station, registered on a complaint lodged by respondent No.2, for the offence punishable under Sections 9 and 10 of the Prohibition of Child Marriage Act, Section 6 of the POCSO Act, 2012 and Section 376(2)(n), 504, 313 r/w Section 34 of IPC. 2. Initially, the FIR was registered against accused No.1 to 5, alleging that the marriage of respondent No.2 was solemnized with accused No.1, when she was a minor - 6 - HC-KAR NC: 2025:KHC:51236 CRL.P No. 14419 of 2025 C/W CRL.P No. 13698 of 2024 CRL.P No. 5356 of 2025 and she was subjected to penetrative sexual assault by him against her wish, due to which she gave birth to a child etc. 3. The charge sheet came to be filed against accused No.1 to 7 for the offence punishable under Sections 363, 376 (2)(n), 504, 506, 313 r/w 149 IPC, Sections 6, 19(1), 21 of the POCSO Act and Sections 9 and 10 of the Prohibition of Child Marriage Act, 2006. Accused No.6 and 7 were added in the charge sheet on an allegation that they being the Doctors have caused the abortion of the victim girl. 4. The petitioners and respondent No.2/de-facto complainant are present before the Court. The learned counsel appearing on both sides have filed a joint memo seeking to quash the proceedings on the ground of settlement between the parties. Para 1 to 7 of the joint memo are extracted hereunder: - 7 - HC-KAR NC: 2025:KHC:51236 CRL.P No. 14419 of 2025 C/W CRL.P No. 13698 of 2024 CRL.P No. 5356 of 2025 "1. The Petitioners has preferred this petition aggrieved by the order of cognizance taken by the Learned Additional and Sessions Judge, FTSC-1 (POCSO), Kolar in Spl.C(P)No.191 of 2024 for offence punishable under Section 363, 372 (2)(n), 504, 506, 313, read with Section 149 IPC, Section 6, 19(1), 21 of POCSO Act, 2012 and Section 9 and 10 of Prohibition of Child Marriage Act. 2. It is alleged by the Respondent No.2 that the Petitioners had forcefully married to Petitioner on 08/06/2018. It is also alleged by Respondent No. 2 that at the time of marriage, her age was about 17 years. The 2nd Respondent also states in her complaint that, the Petitioner No.1 and the Respondent No. 2 were blessed with the boy child named Mokshith on 13/05/2019. 3. It is humbly submitted that, as there occurred a strain in the matrimonial life of the Petitioner No. 1 and the 2nd Respondent, which resulted in the lodging of complaint before the 1st Respondent Police Station. 4. The Respondent No.2 and the Petitioners have amicably resolved differences amicably. Respondent No.2 has voluntarily agreed to continue her matrimonial relationship with Petitioner No.1 and - 8 - HC-KAR NC: 2025:KHC:51236 CRL.P No. 14419 of 2025 C/W CRL.P No. 13698 of 2024 CRL.P No. 5356 of 2025 shall stay in the matrimonial home along with the other Petitioners and their son, master Mokshith. 5. The Petitioner No. 1 and Respondent No.2 have further solemnized their marriage afresh on 09/06/2019 as per Hindu rituals, in the presence of family members and elders. A copy of the wedding invitation is produced herewith as Annexure-"A". 6. The 2nd Respondent and Petitioner No.1 submits that the complaint was lodged due to misunderstandings and differences in their matrimonial life which are now settled. Respondent No. 2 does not wish to prosecute the matter any further and supports the prayer of the Petitioners for quashing the proceedings in Spl.C(P) No.191 of 2024. 7. The settlement has been arrived at out of free will, without any coercion, or undue influence." 5. Respondent No.2/de-facto complainant, present before the Court submits that due to misunderstanding and differences in the matrimonial life, which is now settled, the complaint was lodged. Hence, she does not wish to prosecute the matter any further and she has no objection to quash the proceedings. - 9 - HC-KAR NC: 2025:KHC:51236 CRL.P No. 14419 of 2025 C/W CRL.P No. 13698 of 2024 CRL.P No. 5356 of 2025 6. It is the case of prosecution that when the victim was a minor, she was given in marriage to accused No.1 on 08.06.2018. The prosecution has relied on the school admission register, as per which the date of birth of the victim is 12.05.2001. Hence, according to the prosecution, the victim was aged about 17 years 1 month as on 08.06.2018, the date of her marriage. 7. In this case, complaint is lodged on 02.09.2024, admittedly after the victim attained majority. At the time of lodging the complaint, victim was aged 23 years. It is stated in the joint memo that due to misunderstandings and differences in the matrimonial life, the complaint was lodged and now the matter is settled and the complainant is not interested to prosecute the matter any further. 8. The learned counsel for the petitioners would contend that different date of births are mentioned in different documents and therefore, the date of birth found in the school admission register, relied by the prosecution - 10 - HC-KAR NC: 2025:KHC:51236 CRL.P No. 14419 of 2025 C/W CRL.P No. 13698 of 2024 CRL.P No. 5356 of 2025 is not the correct date of birth. They contend that as per the voter identity, election card and pan card of the victim, the date of birth is 11.05.2000 and as per the mother card, date of birth is 01.01.1999. The said submission is not disputed by the respondent No.2/de-facto complainant. 9. If the documents relied on by the petitioners, which is not disputed by respondent No.2 herein, is taken into consideration, particularly the mother card wherein the date of birth is mentioned as 01.01.1999, it cannot be said that the victim was a minor as on 08.06.2018. 10. Be that as it may, the victim/respondent No.2 present before the Court would submit that now she is living along with her husband and the matter is settled and therefore, she has no objection to quash the proceedings. 11. In Mahesh Mukund Patel /v./ State of UP and others, reported in 2025 SCC Online SC 614, the Hon'ble Apex Court in a similar situation, taking into - 11 - HC-KAR NC: 2025:KHC:51236 CRL.P No. 14419 of 2025 C/W CRL.P No. 13698 of 2024 CRL.P No. 5356 of 2025 consideration the settlement between the parties quashed the proceedings, observing that the parties are happily married and no purpose will be served by continuing the prosecution as it will cause undue harassment to them. 12. Having regard to the above facts and circumstances of the case, continuation of the trial would not serve any meaningful purpose. On the other hand, it will only prolong the distress for the parties concerned, particularly the victim girl. The respondent No.2 has withdrawn all the allegations and not interested in continuing the proceedings. Hence, it is expedient to quash the proceedings pending against the petitioners. Accordingly, the following; ORDER (i) The petitions are allowed. (ii) The entire proceedings arising out of Crime No.90/2024 of Kolar Women Police Station, - 12 - HC-KAR NC: 2025:KHC:51236 CRL.P No. 14419 of 2025 C/W CRL.P No. 13698 of 2024 CRL.P No. 5356 of 2025 Kolar, pending on the file of the Court of Additional District and Sessions Judge, FTSC -I (POCSO), Kolar, in Spl. C (P) No.191/2024 are quashed. Pending IAs are disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE KLY