- 1 - HC-KAR NC: 2025:KHC:51239 CRL.P No. 15461 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. 15461 OF 2025 BETWEEN: SRI. HARISH R S/O RAMANNA AGE ABOUT 32 YEARS R/A DINNE SOLURU VILLAGE KUNDANA HOBLI DEVANAHALLI TALUK BENGALURU RURAL DISTRICT-562 110 …PETITIONER (BY SRI. DEVENDRA N, ADVOCATE) AND: 1. STATE OF KARNATAKA BY PERESANDRA POLICE STATION CHIKKABALLAPUR REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENALURU-560 001 2. SMT. NAGAMMA W/O LATE ANANTHAPPA AGE ABOUT 45 YEARS R/A BANDAHALLI VILLAGE MANDIKALLU HOBLI CHIKKABALLAPUR TALUK CHIKKABALLAPUR-562 101 …RESPONDENTS (BY SRI. RAHUL RAI, HCGP FOR R1; SMT. BHAVANI P.S, ADVOCATE FOR R2) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:51239 CRL.P No. 15461 of 2025 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE FIR IN CRIME NO.0215/2023 LATER REGISTERED AS SPL.SC NO.37/2024 ON THE FILE OF THE ADDL.DISTRICT AND SESSIONS JUDGE AND FTSC - 1 (POCSO) CHIKKABALLAPUR FOR THE OFFENCE P/U/S 363, 342 AND 376 OF IPC AND SECTION 4 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT 2012 AND SECTION 9 OF THE PROHIBITION OF CHILD MARRIAGE (KARNATAKA AMENDMENT) ACT 2016 AT ANNEXURE-A COUPLED WITH. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner/sole accused has preferred this petition seeking to quash the entire proceedings in Spl. S.C.No.37/2024 on the file of the IV Additional District and Sessions Judge, Chikkaballapura. 2. Petitioner is facing trial for the charges framed against him for the offence punishable under Section 363, 342 and 376 of IPC, Section 4 of the POCSO Act, 2012 and Section 9 of the Prohibition of Child Marriage (Karnataka Amendment) Act, 2016. 3. Based on the complaint lodged by the victim, the criminal proceedings were initiated against the - 3 - HC-KAR NC: 2025:KHC:51239 CRL.P No. 15461 of 2025 petitioner, alleging that the petitioner has married the minor victim aged below 18 years and committed penetrative sexual assault on her against her wish. 4. It is submitted by the learned counsel appearing for both the parties that the matter has been settled and victim has withdrawn all the allegations and she is now married and living with the petitioner. Affidavits of the petitioner and victim are filed. In the affidavit of the victim, it is stated that after attaining majority on 13.01.2025, she has married the petitioner on 18.05.2025 and the marriage has been registered in the office of the Registrar of Marriages, Devanahalli on 05.07.2025. It is stated that due to the intervention of the elders and well-wishers of both the families, the matter has been settled out of the Court. 5. The affidavits are placed on record. 6. Petitioner and the victim as well as victim’s mother/respondent No.2 are present before the Court. - 4 - HC-KAR NC: 2025:KHC:51239 CRL.P No. 15461 of 2025 Victim submits that she is now married to the petitioner and living together and she has no objection to close the proceedings. 7. The learned counsel for the petitioner has drawn the attention of the Court to the evidence of the victim given before the trial court, wherein she was examined as PW1. The victim has categorically denied that the petitioner married her when she was a minor and denied the alleged sexual assault committed against her. 8. The Hon'ble Apex Court in an identical situation, in Mahesh Mukund Patel .v. State of UP and others, reported in 2025 SCC Online SC 614, quashed the proceedings, observing that the parties are happily married and therefore no purpose will be served by continuing the prosecution as it will cause undue harassment to the parties. 9. Having regard to the facts and circumstances of the case, the continuation of the trial would not serve any - 5 - HC-KAR NC: 2025:KHC:51239 CRL.P No. 15461 of 2025 meaningful purpose. On the other hand, it will only prolong the distress for the parties concerned, particularly the victim girl, who is now married and residing with the petitioner. Hence the following; ORDER (i) Petition is allowed. (ii) The entire proceedings in Spl.S.C.No.37/2024, pending on the file of the IV Additional District and Sessions Judge, Chikkaballapur are quashed. I.A.No.1/2025 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE KLY