- 1 - HC-KAR NC: 2025:KHC:47108 CRL.P No. 13348 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 13348 OF 2025 BETWEEN: 1. SRI. NAGARAJA S/O NARASIMHALU, AGED ABOUT 34 YEARS, R/AT NAGARAGERE VILLAGE, GOWRIBIDANUR TALUK, CHICKBALLAPURA DISTRICT-561 228. 2. SRI. R. NARASIMHALU S/O HANUMANTAPPA, AGED ABOUT 73 YEARS, NAGARAGERE VILLAGE, GOWRIBIDANUR TALUK, CHICKBALLAPURA DISTRICT-561 228. 3. SMT. LAKSHMIDEVAMMA W/O NARASIMHALU, AGED ABOUT 66 YEARS, NAGARAGERE VILLAGE, GOWRIBIDANUR TALUK, CHICKBALLAPURA DISTRICT-561 228. …PETITIONERS (BY SRI. M. ERAPPA REDDY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY GOWRIBIDANUR RURAL POLICE, GOWRIBIDANURU, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:47108 CRL.P No. 13348 of 2025 CHICKBALLAPURA DISTRICT-561 228, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU-560 001. 2. ADMINISTRATIVE MEDICAL OFFICER PRIMARY HEALTH CENTER, NAGARAGERE, GOWRIBIDANURU TALUK, CHICKBALLAPURA DISTRICT-561 228. 3. SMT. DEEPTHI M. W/O NAGARAJU D.N., AGED ABOUT 24 YEARS, R/AT NAGARAGERE, GOWRIBIDANUR TALUK, CHICKBALLAPURA DISTRICT-561 228. …RESPONDENTS (BY SRI. ANOOP KUMAR M.V., HCGP FOR R1 AND R2; SRI. RAKESH S., ADVOCATE FOR R3) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO: (A) CALL FOR THE RECORDS IN CC.NO.446/2019 FROM THE CIVIL JUDGE & JMFC, GUDIBANDE, CHIKKABALLAPURA DISTRICT REGISTERED BY THE 1ST RESPONDENT IN CRIME NO.263/2018 ON THE BASIS OF THE COMPLAINT FILED BY THE 2ND RESPONDENT ON 07.12.2018 FOR OFFENCE PUNISHABLE UNDER SEC. 9, 10 & 11 OF CHILD MARRIAGE RESTRAINT ACT; (B) TO QUASH THE PROCEEDINGS IN CC.NO.446/2019 AS PER ANNEXURE-C PENDING BEFORE CIVIL JUDGE & JMFC, GUDIBANDE, CHIKKABALLAPURA DISTRICT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:47108 CRL.P No. 13348 of 2025 CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioners are seeking to quash the proceedings in CC No.446/2019, pending before the Court of the Civil Judge & JMFC, Gudibande, Chikkaballapura District. 2. FIR came to be registered against the petitioners for the offence punishable under Section 9 of the Child Marriage Restraint Act, on the information of the Medical Officer, Primary Health Centre, Nagaragere, Gowribidanur Taluk, Chikkballapura. It is alleged that petitioner No.1 married a minor girl, aged about 17 years on 9.11.2018 at Lakshminarasimha Swamy Temple in Bagepalli. Petitioners-2 and 3 are the parents of accused No.1. 3. Chargesheet is filed against the petitioners for the offence punishable under Section 9, 10 and 11 of Child Marriage Restraint Act. - 4 - HC-KAR NC: 2025:KHC:47108 CRL.P No. 13348 of 2025 4. Affidavit is filed by respondent No.3 i.e., the victim in this case. It is stated that petitioner No.1 is her husband and petitioners-2 and 3 are her grand parents, who were taking care of her and on the basis of a false information, police have registered the case. It is further stated in the affidavit that her marriage was not performed on 9.11.2018, but it was performed on 14.5.2020 and the same is registered before the Registrar of Marriages, Gowribidanur. Further, in the said marriage, the couple have a son and a daughter and they are living together happily. 5. Learned High Court Government Pleader has contended that as per school records, the date of birth of the victim is 18.7.2001 and regarding the allegation of child marriage, there was a complaint received by the Child Help Line, Chikkaballapur, based on which, the Administative Medial Officer, Primary Health Centre, Nagaragere, Gowribidanur Taluk, Chikkballapura District, visited the house of the victim on 28.11.2018 and noticed - 5 - HC-KAR NC: 2025:KHC:47108 CRL.P No. 13348 of 2025 that the victim was wearing toe ring, mangalsutra etc., and came to know that her marriage with petitioner No.1 was performed on 9.11.2018. He contended that in view of the school records, the victim was a minor, aged about 17years and therefore, the police have filed the chargesheet. 6. Firstly, the police have filed chargesheet under the Child Marriage Restraint Act, which has been repealed. To substantiate that petitioner No.1 has married the victim on 9.11.2018, there is no sufficient materials placed. According to the petitioners, petitioners-2 and 3 are the grand parents of the victim and parents of petitioner No.1. The victim has no parents and therefore, she was residing in her grand parents house. Secondly, in the affidavit, the victim has categorically stated that her marriage was not performed on 9.11.2018 but performed on 14.5.2020. At Annexure-F to the petition, copy of the Registration Certificate issued by the Registrar of Marriages has been furnished, wherein it is seen that the marriage of the - 6 - HC-KAR NC: 2025:KHC:47108 CRL.P No. 13348 of 2025 victim and petitioner No.1 was solemnized on 14.5.2020 and it was registered on 18.9.2020. Hence, continuation of the proceedings against the petitioners is an abuse of process of law. Accordingly, the following: ORDER i. Petition is allowed. ii. The entire proceedings against the petitioners in CC No.446/2019, pending on the file of the Civil Judge & JMFC, Gudibande, Chikkaballapur District, are quashed. iii. I.A.No.1/2025 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 9