- 1 - HC-KAR NC: 2026:KHC:34114 CRL.P No. 9773 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 9773 OF 2026 BETWEEN: 1. IMRAN PASHA @ SYED IMRAN, S/O CHAND PASHA, AGED ABOUT 26 YEARS, RESIDING AT BEHIND DODDABASTI BUS STAND, BENGALURU – 560 056 (PETITIONER NO.1 IS IN JUDICIAL CUSTODY SINCE 18/04/2026) 2. ISHRATH BANU W/O CHAND PASHA AGED ABOUT 58 YEARS RESIDING AT 1ST FLOOR, 20TH CROSS, MARUTHI NAGAR, JNANABHARATHI, BENGALURU – 560 056. 3. FARHEEN MALIN D/O CHAND PASHA AGED ABOUT 25 YEARS, RESIDING AT 1ST FLOOR, 20TH CROSS, MARUTHI NAGAR, JNANABHARATHI, BENGALURU – 560 056. Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:34114 CRL.P No. 9773 of 2026 4. RIHANA TAJ W/O MOHAMAD SYFULLA AGED ABOUT 40 YEARS, RESIDING AT NO. 133, NEAR MECCA MASJID, AHMAD NAGAR, VTC, NAYANDAHALLI, BENGALURU – 560 026. 5. MOHAMAD SYFULLA S/O LATE MOHAMAD ISMAYIL AGED ABOUT 50 YEARS RESIDING AT NO.133, NEAR MECCA MASJID, AHMAD NAGAR, VTC, NAYANDAHALLI, BENGALURU – 560 026. …PETITIONERS (BY SRI. SADDAM R., ADVOCATE) AND: 1. STATE BY JNANABHARATHI PS REPRESENTED BY SPP HIGH COURT COMPLEX, OPPOSITE TO VIDHANA SOUDHA BENGALURU – 560 001. 2. XXXXX XXXXX XXXXX …RESPONDENTS (BY SMT.WAHEEDA M.M., HCGP FOR R-1; - 3 - HC-KAR NC: 2026:KHC:34114 CRL.P No. 9773 of 2026 SRI. CHAND PASHA, ADVOCATE FOR R-2) THIS CRL.P FILED U/S.528 OF BNSS, 2023 PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN SPL.C.NO.1244/2026 PENDING ON THE FILE OF THE HON’BLE FTSC-V, BENGALURU, ARISING OUT OF CRIME NO.155/2026 REGISTERED BY RESPONDENT NO.1 POLICE, INCLUDING THE CHARGE SHEET AND THE ORDER TAKING COGNIZANCE AT ANNEXURE-C AND D, IN SO FAR AS THE PRESENT PETITIONERS (ACCUSED NO.1 TO 5) ARE CONCERNED, FOR THE OFFENCES P/U/S 64(2)(m), 85 AND 87 OF BNS, 2023, SEC.6 OF POCSO ACT, 2012 AND SEC.9 AND 11 OF THE PROHIBITION OF CHILD MARRIAGE ACT, 2006 AND SEC.4 OF DP ACT 1961. 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-accused Nos.1 to 5 are before the Court seeking quashment of the proceedings in Spl.C.No.1244/2026 registered for the offences punishable under Sections 64(2)(m), 85 and 87 of the Bharatiya Nyaya Sanhita, 2023, Section 6 of the Protection of Children from Sexual Offences Act, 2012 ('POCSO Act' for short), Sections 9 and 11 of the Prohibition of - 4 - HC-KAR NC: 2026:KHC:34114 CRL.P No. 9773 of 2026 Child Marriage Act, 2006 and Section 4 of the Dowry Prohibition Act, 1961. 2. Heard Sri.Saddam R Mulla, learned counsel appearing for the petitioners, Smt.Waheeda M.M, learned High Court Government Pleader appearing for respondent No.1 and Sri.Chand Pasha, learned counsel appearing for respondent No.2 and have perused the material on record. 3. Petitioner No.1-accused is the husband of respondent No.2-complainant. Petitioner Nos.2 and 3 are the mother-in-law and sister-in-law of respondent No.2, respectively. Petitioner Nos.4 and 5 are the parents of respondent No.2. Respondent No.2 was a minor, aged around 17 years at the relevant point in time, when she became a victim at the hands of the petitioner No.1–accused No.1. Based on the aforesaid information, respondent No.2 lodges a complaint before respondent No.1-police which becomes a crime in Crime No.155/2026. The police after investigation, file a charge sheet against the petitioners-accused. The concerned Court after taking cognizance of the aforesaid offences, registers a case in Spl.C.No.1244/2026. Therefore, the subject - 5 - HC-KAR NC: 2026:KHC:34114 CRL.P No. 9773 of 2026 petition is filed seeking quashment of the proceedings, on the score that, if further proceedings are continued, it would prejudice their married life. 4. It transpires that the petitioner No.1-accused No.1 marries the respondent No.2-victim on 05-10-2025, and the marriage is consummated when the victim is still a minor and the petition appends to it a certificate of registration of marriage which depicts that the marriage has been registered in Masjid-E-Hussain Mohammed Abbas under Registration No.326. 5. The issue now would be, whether on account of marriage between the parties, the proceedings could be quashed or otherwise. This issue need not detain this Court for long or delve deep into the matter. The Apex Court in the case of MAHESH MUKUND PATEL v. STATE OF U.P. AND OTHERS 1 has held as follows: "5. On the last date, we had directed learned counsel appearing for the State to get the marriage certificate relied upon by the parties duly verified. Accordingly, an 1 [2025 SCC Online SC 614] - 6 - HC-KAR NC: 2026:KHC:34114 CRL.P No. 9773 of 2026 affidavit has been filed by Dr. Atul Tripathi, ACP, Sarnath in which it is stated that the marriage certificate has been verified and it is found to be genuine and in fact a true copy thereof has been produced along with the affidavit. 6. Our attention is invited to the affidavit filed by the third respondent in which she has accepted the fact that she is happily married to the appellant and they have been residing together. She has disclosed her date of birth as 20th July, 1998. In the record of the Primary School, as can be seen from document at Annexure ‘P-1’, the date of birth of the third respondent is shown as 20th July, 1998. Ossification test was conducted during the investigation. The report of the test is that on the date of commission of the offence, the age of the third respondent may be between 17½ years to 19 years. There are documents on record to show that the date of birth of the third respondent was 20th July, 1998. Therefore, when the offence was allegedly committed in September, 2016 she was already a major. 7. Now that the appellant and third respondent are happily married, no purpose will be served by continuing the prosecution as it will cause undue harassment to the appellant, the third respondent and their children. 8. Coming to the impugned order, we find that the marriage certificate was placed on record before the High Court. In fact, no objection by the first informant is also recorded in the impugned order. Surprisingly, the High Court instead of entertaining the petition for quashing on the ground of settlement, has observed that the application for dropping criminal proceedings on the basis compromise may be moved before the Trial Court. The High Court completely lost sight of the fact that the Trial Court could not have recorded the settlement and in fact, this was a fit case for the High Court to have exercised its jurisdiction under Section 482 of the Cr. P.C. by quashing the proceedings. Unnecessarily, the parties have been forced to come to this Court. 9. The impugned order is set aside. FIR No. 567 of 2016 registered with Cholapur Police Station, District Varanasi and proceedings of the Sessions Trial No. 1332 - 7 - HC-KAR NC: 2026:KHC:34114 CRL.P No. 9773 of 2026 of 2021 pending before the Special Judge, POCSO Act, Varanasi are hereby quashed." (Emphasis supplied) The Apex Court in the afore-quoted judgment observes that, continuation of the criminal proceedings in the teeth of the facts as aforementioned would lead to undue harassment of the accused and victim who are happily married. 6. The parties to the lis have filed compromise affidavits before this Court seeking quashment of the petition. The compromise affidavit of petitioner No.2 reads as follows: “I, Ishrath Ban W/o Chand Pasha, aged about 58 years, residing at No.1, 1st Floor, 20th Cross, Maruthi Nagar, Jnanabharathi, Bengaluru - 560056, Petitioner No.2 herein, being duly authorized to represent the other Petitioners, do hereby solemnly affirm and state on oath as follows: 1. I submit that I am the mother of Petitioner No.1 (Accused No.1) and Petitioner No.3 (Accused No.3). Petitioner No.1 is presently in judicial custody. Petitioner No. 4 and 5 are the parents of Respondent No. 2. I am well acquainted with the facts and circumstances of the case and am competent to swear to this affidavit on behalf of the Petitioners. 2. I submit that criminal proceedings are pending against the Petitioners in Spl.C. No.1244/2026 on the file of the learned FTSC V, Bengaluru, arising out of Crime No.155/2026, for the offences punishable under Sections 64(2)(m), 85 and 87 of the Bharatiya Nyaya Sanhita, 2023, Section 6 of the Protection of Children from Sexual Offences Act, 2012, Sections 9 and 11 of the Prohibition - 8 - HC-KAR NC: 2026:KHC:34114 CRL.P No. 9773 of 2026 of Child Marriage Act, 2006, and Section 4 of the Dowry Prohibition Act, 1961. 3. I submit that Petitioner No.1 (Accused No.1), namely Imran Pasha @ Syed Imran, is the husband of Respondent No.2, Smt. Arshiya Taj, daughter of Petitioner Nos.4 and 5. Their marriage was solemnized and duly registered in Masjid-E-Hussain Mohammed Abbas under Registration No.326. 4. I submit that matrimonial disputes had arisen between Petitioner No.1 and Respondent No.2, resulting in the registration of the above criminal case. However, the parties have now amicably resolved their disputes. 5. I further submit that Petitioner No.1 and Respondent No.2 have mutually decided to continue their marital relationship and to reside together peacefully, harmony and mutual affection and have arrived at a voluntary settlement without any force, coercion or undue influence. 6. I submit that Respondent No.2 has no subsisting grievance against the Petitioners and does not wish to pursue the criminal proceedings any further. 7. I respectfully submit that, in view of the amicable settlement arrived at between the parties, continuation of the criminal proceedings would cause unnecessary hardship to both families and would adversely affect their matrimonial and family life. WHEREFORE, we humbly pray that this Hon'ble Court may be pleased to Accept this Affidavit on record while considering the petitioner filed u/s 528 of BNSS and Allow the Criminal Petition and quash all proceedings in SPL C No. 1244/2026 arising out of Crime No. 155/2026, in the interest of justice and equity.” - 9 - HC-KAR NC: 2026:KHC:34114 CRL.P No. 9773 of 2026 7. The compromise affidavit of respondent No.2 reads as follows: "I, Arshiya Taj, W/o Syed Imran, aged about 19 years, residing at No.628/598, 8th Cross, Gangodanahalli, Bengaluru - 560073, Respondent No.2 herein, do hereby solemnly affirm and state on oath as follows: 1. I am the Respondent No.2 in the above petition and I am well acquainted with the facts and circumstances of the case. Hence, I am competent to swear to this affidavit. 2. I state that criminal proceedings in Spl.C. No.1244/2026, arising out of Crime No.155/2026, are pending on the file of the learned FTSC-V, Bengaluru, against the Petitioners/Accused Nos.1 to 5 for the offences punishable under Sections 64(2)(m), 85 and 87 of the Bharatiya Nyaya Sanhita, 2023, Section 6 of the Protection of Children from Sexual Offences Act, 2012, Sections 9 and 11 of the Prohibition of Child Marriage Act, 2006, and Section 4 of the Dowry Prohibition Act, 1961. 3. I state that Petitioner No.1 and I became acquainted during the year 2024 and were in a relationship. Thereafter, our marriage was solemnized on 05.10.2025 and the same was registered at Masjid-E-Hussain Mohammed Abbas under Registration No.326. 4. I state that, after the registration of the criminal case, the intervention of the elders and well-wishers resulted in an amicable settlement of the matrimonial disputes between us. 5. I state that Petitioner No.1 and I have voluntarily decided to continue our matrimonial relationship and to lead our family life peacefully. This decision has been taken after careful consideration and without any force, coercion, threat, undue influence or inducement from any person. - 10 - HC-KAR NC: 2026:KHC:34114 CRL.P No. 9773 of 2026 6. I state that our families have also resolved their differences and there are no subsisting matrimonial disputes between us. 7. I state that I have no subsisting grievance, claim or complaint against the Petitioners. I have no objection if this Hon'ble Court, in accordance with law, quashes the proceedings pending against the Petitioners in view of the amicable settlement arrived at between us. 8. I state that this affidavit has been executed voluntarily, of my own free will, without any force, coercion, undue influence or pressure from any person. 9. The statements made herein are true and correct to the best of my knowledge, information and belief. WHEREFORE, I respectfully pray that this Hon'ble Court may be pleased to take this affidavit on record while considering the accompanying Criminal Petition and pass such order or orders as this Hon'ble Court may deem fit and proper in accordance with law and in the interest of justice." 8. The settlement is accepted on account of the marriage of accused No.1 with the victim, who is now 19 years old. Learned counsel for the petitioners submits that petitioner No.1 - accused No.1 is now in judicial custody in the light of the offence being one under POCSO Act. In the light of the closure of the proceedings, the petitioner No.1-accused No.1 shall be released from the prison. 9. In the light of the judgment of the Apex Court and the marriage of the petitioner No.1-accused No.1 with the - 11 - HC-KAR NC: 2026:KHC:34114 CRL.P No. 9773 of 2026 victim on 05-10-2025, I deem it appropriate to obliterate the proceedings with a rider that in the event, the petitioner No.1- accused No.1 would leave the lady in lurch, the proceedings in Spl.C.No.1244/2026 would get revived. 10. For the aforesaid reasons, the following: ORDER [I] Criminal Petition is allowed. [II] Entire proceedings in Spl.C.No.1244/2026 pending before the FTSC-V, Bengaluru, qua the petitioners, stand quashed. [III] Accused No.1 shall be released from the prison, forthwith. [IV] The Registry is directed to communicate this order to the prison authorities to enable his release without brooking any delay. [V] It is made clear that in the event, the petitioner No.1-accused No.1 would leave the victim in the lurch later, the impugned proceedings would spring back by its revival. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE CBC/List No.: 2 Sl No.: 62