- 1 - HC-KAR NC: 2026:KHC:17349 CRL.P No. 4827 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 4827 OF 2026 BETWEEN: 1. MR. KARTHIK K J, S/O JAGADEESHA, AGED ABOUT 28 YEARS, R/O KACHIKOPPA , SIRIGERE POST, SHIVAMOGGA DISTRICT, KARNATAKA - 577 211. 2. MR.SHARATH KUMAR M.S, S/O SURESH KUMAR, AGED ABOUT 32 YEARS, R/O KACHIKOPPA, SIRIGERE POST, SHIVAMOGGA DISTRICT, KARNATAKA - 577 211. 3. MR.GANESH R, S/O RAMAKRISHNA D, AGED ABOUT 30 YEARS, R/O KURAMBALLI, MANDEGHATTA POST, SHIVAMOGGA DISTRICT, KARNATAKA - 577 211. 4. MR. HARISH, S/O DEVENDRAPPA, AGED ABOUT 43 YEARS, R/O KACHIKOPPA, SIRIGERE POST, SHIVAMOGGA DISTRICT, KARNATAKA - 577 211. Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:17349 CRL.P No. 4827 of 2026 5. MR.DHANANJAYA K.N, S/O NEMANNA M, AGED ABOUT 22 YEARS, R/O KACHIKOPPA, SIRIGERE POST, SHIVAMOGA DISTRICT, KARNATAKA - 577 211. 6. MR.DINESHA, S/O VEERAPPA, AGED ABOUT 25 YEARS, R/O KACHIKOPPA, SIRIGERE POST, SHIVAMOGA DISTRICT, KARNATAKA - 577 211. 7. MR.THUKKAPPA M.S, S/O SHIVAPPA, AGED ABOUT 50 YEARS, R/O KACHIKOPPA, SIRIGERE POST, SHIVAMOGA DISTRICT, KARNATAKA 577 211. …PETITIONERS (BY SRI. H. MUNISWAMY GOWDA., ADVOCATE) AND: 1. STATE BY KUMSI P.S, SHIVAMOGGA, R/P BY ITS S.P.P HIGH COURT BUILDING, BANGALORE 560 001. 2. VICTIM, D/O SURESH, AGED ABOUT 18 YEARS, R/O KACHI KOPPA, SIRIGERE POST, SHIVAMOGA DISTRICT, KARNATAKA - 577 211. - 3 - HC-KAR NC: 2026:KHC:17349 CRL.P No. 4827 of 2026 3. MRS.KAVITHA, W/O SURESH, AGED ABOUT 40 YEARS, R/O KACHIKOPPA VILLAGE, SIRIGERE POST, AYANUR HOBLI, SHIVAMOGA DISTRICT, KARNATAKA 577 211. …RESPONDENTS (BY SRI.CHANNAPPA EARAPPA, HCGP; SRI.RAJESH GOWDA, ADVOCATE FOR R2) THIS CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE PROCEEDINGS IN SPL.C.NO.64/2026 AGAINST THE PETITIONERS FOR THE O/P/U/S 137(2), 49, 54 R/W 3(5) OF THE BNS AND SEC. 17 OF POCSO ACT, REGISTERED BY THE KUMSI POLICE, NOW PENDING ON THE FILE OF THE ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-I, (POCSO) AT SHIVAMOGGA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court seeking the following prayer: “Wherefore the Petitioners humbly prays that this Hon'ble Court be pleased to quash the proceedings in Spl.C.No.64/2026 against the petitioners for the offences punishable under section 137(2), 49, 54 R/w 3(5) of BNS and section 17 of POCSO Act, registered by the Kumsi Police, now pending on the file of Addl District and - 4 - HC-KAR NC: 2026:KHC:17349 CRL.P No. 4827 of 2026 Session Judge FTSC-1, (POCSO) at Shivamogga, in the interest of justice and equity.” 2. Heard Sri.H.Muniswamy Gowda, learned counsel appearing for the petitioners, Sri.Channappa Earappa, learned HCGP appearing for the respondent No.1, Sri.Rajesh Gowda, learned counsel appearing for respondent No.2 and have perused the material on record. 3. This Court quashed the proceedings qua the husband-accused No.1 recording the settlement for the following reasons: “The petitioners and Respondent No.2 respectfully submits as follows. 1. It is submitted that the petitioners are filed this petition for quash of the proceedings against the petitioners in Spl.C.No.64/2026 for the offences punishable under section 137(2), 49, 54 R/w 3(5) of BNS and section 17 of POCSO Act, pending on the file of Addl District and Session Judge FTSC-1, (POCSO) at Shivamogga. 2. It is submitted that the respondent No.2 and Accused No.1, have resolved the issue amicably involved in the present petition. The Accused No.1 and the respondent No.2 marriage was solemnized on 15/12/2025 and the has been registered on 22/12/2025, vide registered bearing No.HNL-HM00449-2025-26 in the office Honnali sub-registrar, Honnali. After the marriage the Accused No.1 and the Respondent No.2 happily led the marital life as a husband and wife and they are staying together without any problems, hence the continuation of the - 5 - HC-KAR NC: 2026:KHC:17349 CRL.P No. 4827 of 2026 proceedings against present petitioners is no purpose will be served and it is west of time and undue harassment of the petitioners and respondent. 3. It is submitted that in view of the marriage solemnized between the respondent No.2 and the Accused No.1, the Respondent No.2 has no objection for quashing the proceedings in Spl.C.No.64/2026, pending against the petitioners. 4. The contents are read explained and they have understood the same. After understanding the same, the parties are entering into this comprise and filed the present application. There is absolute no force, coercion, undue influence or duress from any quarter whatsoever. Wherefore, the parties hereto respectfully pray that this Hon'ble court be pleased to quash the proceedings Spl.C.No.64/2026 for the offences punishable under section 137(2), 49, 54 R/w 3(5) of BNS and section 17 of POCSO Act, pending on the file of Addl District and Session Judge FTSC-1, (POCSO) at Shivamogga, in the interest of justice and equity.” 4. The affidavit filed by respondent No.2 reads as follows: "I, Amulya D/o Suresh, Aged about 19 years, R/o Kachi Koppa, Sirigere Post, Shivamoga District, Karnataka - 577211, do here by solemnly affirm and state an oath as follows. 1. I state that I am the respondent No.2 in the above case and I know the facts and circumstances of the case and we swearing to this affidavit. 2. I, state that the issue involved in the present petition between has been resolved amicably. I sate my marriage was solemnized with the Accused No.1 on 15/12/2025 and the same has been registered on 22/12/2025, vide registered bearing No.HNL-HM00449-2025-26 in the office Honnali sub-registrar, Honnali. After my marriage I am happily led the marital life with the accused No.1 and - 6 - HC-KAR NC: 2026:KHC:17349 CRL.P No. 4827 of 2026 we are staying together without any problems, hence be pleased to allow the petition and quash the proceedings. 3. I state that I read over the contents of the compromise petition, affidavit and understood the same and after understanding the same, I signed in the comprise application and affidavit. I state that there is absolute no force, coercion, undue influence or duress from any quarter whatsoever, it is just and necessary to accept the compromise petition filed in the above case and quash the proceedings, hence this affidavit. Wherefore I humbly prays that this Hon'ble court be pleased to quash the proceedings Spl.C.No.64/2026 for the offences punishable under section 137(2), 49, 54 R/w 3(5) of BNS and section 17 of POCSO Act, pending on the file of Addl District and Session Judge FTSC-1, (POCSO) at Shivamogga, in the interest of justice and equity." 5. The petitioners are other accused in the same matter. The parties to the lis are present before the Court and are identified by their respective counsels. 6. In the light of the closure of the proceedings by recording settlement, the co-accused are also entitled to the same relief. 7. For the aforesaid reasons, the following: ORDER [I] Criminal Petition is disposed. - 7 - HC-KAR NC: 2026:KHC:17349 CRL.P No. 4827 of 2026 [II] Proceedings against the petitioners in Spl.C.No.64/2026 pending before the Addl. District and Session Judge, FTSC-1, (POCSO) at Shivamogga, stands quashed. SD/- (M.NAGAPRASANNA) JUDGE CBC List No.: 2 Sl No.: 130