- 1 - HC-KAR NC: 2025:KHC:32532 CRL.P No. 11766 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 11766 OF 2025 BETWEEN: MR. TIPPE SWAMY M.B S/O BASAVARAJAPPA M., AGED ABOUT 25 YEARS, R/AT NO. 183, HARIJANA STREET, GOLLARA STREAT, LOKIKERE - 583 218. KUDLIGI TALUK, BELLARY DISTRICT - 583 218. …PETITIONER (BY SRI. MOHAN KUMAR B M., ADVOCATE) AND: 1. STATE BY RAJARAJESHWARINAGARA POLICE STATION, BENGALURU, REP BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BUILDING, BENGALURU - 560 001. 2. KENCHAPPA S/O HIRAPPA, AGED ABOUT 41 YEARS, RESIDING AT HOUSE BELONGING TO MUNIRAJU, MARAPPA LAY-OUT, OPPOSITE TO ASHWINI SCHOOL, RAJARAJESHWARI NAGARA, BENGALURU - 560 098. …RESPONDENTS (BY SRI. RAHUL RAI, HCGP FOR R1; SRI. MADHU D., ADVOCATE FOR R2) Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32532 CRL.P No. 11766 of 2025 THIS CRL.P IS FILED U/S 482 OF CR.P.C (FILED U/S 528 BNSS) PRAYING TO ALLOW THE PETITION AND QUASH THE FIR IN CR.NO.127/2025 DATED 15.05.2025 REGISTERED BY THE 1st RESPONDENT POLICE ON THE BASIS OF COMPLAINT DTD 15.05.2025 NOW PENDING BEFORE THE HON'BLE ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE (FTSC-V) FOR THE OFFENCES P/U/S 137(2), 64 OF BNS AND SEC. 6 OF POCSO ACT. THIS PETITION, COMING ON FOR ADMISSION, 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.0127/2025 for the offence punishable under Section 137(2) of the Bharatiya Nyaya Sanhita (BNS), 2023. 2. Today, an application is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of the proceedings. Along - 3 - HC-KAR NC: 2025:KHC:32532 CRL.P No. 11766 of 2025 with the application, the petitioner has placed on record a copy of the marriage certificate. Respondent No.2, who is the father of the victim, is personally present before this Court. He submits that the marriage between the petitioner/accused and the victim has been duly solemnized, and to substantiate this, the marriage certificate is also produced before this Court. 3. The allegation against the petitioner is that he has committed offences punishable under Sections 137(2) and 64 of the Bharatiya Nyaya Sanhita, 2023, and Section 6 of the POCSO Act. This Court is conscious that the offences alleged are of a serious nature. However, it is equally relevant to consider the peculiar facts and circumstances of the case. It is brought to the notice of this Court that the petitioner and the victim have solemnized their marriage, which is duly evidenced by the marriage certificate placed on record. - 4 - HC-KAR NC: 2025:KHC:32532 CRL.P No. 11766 of 2025 4. The Hon’ble Apex Court in Mahesh Mukund Patel vs. State of Uttar Pradesh1, has authoritatively held that where the prosecutrix and the accused have subsequently entered into a valid marital relationship, the continuation of criminal proceedings, in peculiar facts, may amount to abuse of process of law and would not serve the ends of justice. Following the said principle, this Court finds that the present case stands on similar footing, inasmuch as the victim, who is now a major aged about 18 years, has willingly entered into matrimony with the petitioner, and the said fact is acknowledged by none other than her father, who is respondent No.2/complainant before this Court. 5. Respondent No.2, the father of the victim, fairly submits that the marriage has indeed been solemnized and that his daughter is presently residing happily in her matrimonial home. His acknowledgment further lends credence to the petitioner’s submission that there is now a 1 2025 SCC Online SC 614 - 5 - HC-KAR NC: 2025:KHC:32532 CRL.P No. 11766 of 2025 change in circumstances which warrants indulgence of this Court. 6. In this background, this Court is of the considered view that continuation of the proceedings would not only be a futile exercise but would also cause undue hardship to both the petitioner and the victim, who is now legally wedded to him. The victim being hardly 18 years of age, any insistence on continuation of proceedings would amount to travesty of justice, as it would seriously prejudice the marital life of both spouses. Therefore, to secure the ends of justice and to prevent abuse of process of law, it is a fit case for exercise of inherent jurisdiction under Section 528 of BNSS. 7. Accordingly, this Court proceeds to pass the following: ORDER (i) The petition is hereby allowed; - 6 - HC-KAR NC: 2025:KHC:32532 CRL.P No. 11766 of 2025 (ii) The proceedings in Crime No.0127/2025 registered by the respondent/Police and pending before the Hon’ble Additional City Civil and Sessions Judge, Bengaluru (FTSC-V) for the offences punishable under Sections 137(2) and 64 of the Bharatiya Nyaya Sanhita, 2023, and Section 6 of the POCSO Act, insofar as they relate to the petitioner/accused, are hereby quashed. SD/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 2 Sl No.: 30