- 1 - HC-KAR CNR: KAHC010248012026 NC: 2026:KHC:36241 CRL.P No. 5428 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 5428 OF 2026 BETWEEN: RAMESH, S/O HANUMANTHAPPA, AGED ABOUT 34 YEARS, RESIDING AT HOUSE NO.87, HEGADEHALU VILLAGE, CHITRADURGA TALUK, CHITRADURGA DISTRICT – 577 519 ALSO RESIDING AT NO.87, KONANURU VILLAGE, CHITRADURGA TALUK, CHITRADURGA DISTRICT – 577 541. …PETITIONER (BY SRI. KIRAN KUMAR H., ADVOCATE) AND: 1. STATE BY BHARAMASAGARA POLICE, CHITRADURGA DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU – 560 001. 2. PRATHIBHA K., D/O KENCHAPPA, AGED ABOUT 27 YEARS, SUPERVISOR, CHILDWELFARE OFFICER, BHARAMASAGARA PROJECT, CHITRADURAGA TALUK, Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010248012026 NC: 2026:KHC:36241 CRL.P No. 5428 of 2026 CHITRADURGA DISTRICT – 577 501. 3. VICTIM XXXXX XXXXX XXXXX …RESPONDENTS (BY SMT.DEEPTHI ALVA, HCGP FOR R-1; SRI. M.MANJUNATHA, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S 528 OF BNSS, 2023 PRAYING TO QUASH THE ENTIRE CHARGE SHEET IN SPL.C (POCSO) NO.24/2026 ARISING OUT OF CR.NO.484/2025 REGISTERED BY THE RESPONDENT NO.1 POLICE IN BHARAMASAGARA P.S., FOR THE ALLEGED OFFENCES P/U/S 137(2), 64(2)(m) OF BNS, 2023, U/S 4 AND 6 OF POCSO ACT, 2021, U/S 9 OF PROHIBITION OF CHILD MARRIAGE ACT, U/S 75 OF J.J (CARE AND PROTECTION OF CHILDREN) ACT, 2015, PENDING BEFORE THE HON’BLE SPECIAL 2nd ADDL. DISTRICT AND SESSIONS JUDGE, CHITRADURGA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking the following prayer: “WHEREFORE, the petitioner most respectfully prays that, this Hon'ble High Court may kindly be pleased to quash the entire charge sheet in SPL.C(POSCO).No.24/2026 arising in Crime No.0484/2025 registered by the Respondent No.1 Police/Bharamasagara Police Station for the alleged - 3 - HC-KAR CNR: KAHC010248012026 NC: 2026:KHC:36241 CRL.P No. 5428 of 2026 offences under section 137(2), 64(2)(m) of BNS-2023 and Section 4 and 6 of protection of Children from Sexual offence Act -2021 and Section 9 of Prohibition of Child Marriage Act and Section-75 of Juvenile Justice (care and Protection of Children) Act-2015, on the file of the Hon'ble SPECIAL, 2nd ADDL. DISTRICT AND SESSIONS JUDGE CHITRADURGA, in the interest of justice and equity.” 2. Heard Sri.Kiran Kumar H, learned counsel appearing for the petitioner, Smt.Deepthi Alva, learned HCGP appearing for respondent No.1, Sri.M.Manjunatha, learned counsel appearing for respondent No.2 and have perused the material on record. 3. The petitioner and respondent No.3 are accused and the victim. They are before the Court seeking quashment of the proceedings on the score of that they are married and are living happily. A certificate of marriage is appended to the petition. The marriage is said to have solemnized on 20-05-2026 and registered on 09.07.2026 after the victim has attained 18 years of age. The petitioner and the victim have preferred an application seeking compounding of the offence along with Joint Affidavit and seek for closure of the - 4 - HC-KAR CNR: KAHC010248012026 NC: 2026:KHC:36241 CRL.P No. 5428 of 2026 proceedings on account of marriage between the two. The said Joint Affidavit reads as follows: "1) We submit that, the petitioner preferred this petition to quash the entire proceedings in SPL.C(POCSO). No.24/2026 arising in Crime No.0484/2025 registered by the Respondent No.1 Police/Bharamasagara Police Station for the alleged offences under section 137(2), 64(2)(m) of BNS-2023 and Section 4 and 6 of Protection of Children from Sexual offence Act -2021 and Section 9 of Prohibition of Child Marriage Act and Section-75 of Juvenile Justice (Care and Protection of Children) Act-2015, on the file of the Hon’ble SPECIAL, 2ND ADDL. DISTRICT AND SESSIONS JUDGE CHITRADURGA. 2) We submit that, the petitioner is husband of respondent No.3, out of wedlock 1-female baby born on 05-04-2026 at Bharamsagara Government Hospital and we both are living peacefully with female baby, and no dispute is in between us and no difference in between us and hence, and there is peace among the respondent No.3-victim and the accused and the victim does not wish to prosecute the criminal case. 3)We submit that, in view of mutual settlement between the petitioner and respondent No.3 voluntarily and of her own free will, without any force and coercion, has no objection to quash the entire proceedings in SPL.C(POCSO).No.24/2026 arising in Crime No.0484/2025 registered by the Respondent No.1 Police/Bharamasagara Police Station for the alleged offences under section 137(2), 64 (2) (m) of BNS-2023 and Section 4 and 6 of Protection of Children from Sexual Offence Act -2021 and Section 9 of Prohibition of Child Marriage Act and Section-75 of Juvenile Justice (Care and Protection of Children) Act-2015, on the file of Hon'ble Special, 2nd Addl. District and Sessions Judge Chitradurga. District and Sessions Judge Chitradurga. WHEREFORE, we the petitioner and the respondent No.3 most respectfully pray that this Hon'ble Court may kindly be pleased to quash the entire proceedings in SPL.C(POCSO).No.24/2026 arising in Crime No.0484/2025 - 5 - HC-KAR CNR: KAHC010248012026 NC: 2026:KHC:36241 CRL.P No. 5428 of 2026 registered by the Respondent No.1 Police/Bharamasagara Police Station for the alleged offences under section 137(2), 64(2)(m) of BNS-2023 and Section 4 and 6 of protection of Children from Sexual offence Act -2021 and Section 9 of Prohibition of Child Marriage Act and Section-75 of Juvenile Justice (care and Protection of Children) Act-2015, on the file of the Hon'ble Special, 2nd Addl. District and Sessions Judge at Chitradurga, in the interest of justice and equity.” 4. The Apex Court in the case of MAHESH MUKUND PATEL v. STATE OF UTTAR PRADESH,1has held as follows: “….. ….. ….. 3. The second respondent is the first informant at whose instance, a First Information Report was registered on 18th September, 2016 for the offences punishable under Sections 354A, 363, 366, 376 of the Penal Code, 1860 and Sections 3 and 4 of the Protection of Children from Sexual Offences Act (for short, ‘POCSO Act’). The third respondent is the victim of the offence. As can be seen from the allegations in the First Information Report (FIR), the alleged incident is of September, 2016. In the FIR, the second respondent has alleged that the age of the victim was 17 years. 4. Our attention was invited to the marriage certificate issued by the Registrar of Hindu Marriages and Sub-Registrar, Varanasi which records that the marriage between the appellant and third respondent has been solemnized on 5th December, 2016. The date of birth of the third respondent - victim is shown therein as 20th July, 1998. It is also brought on record that from the wedlock between the appellant and the third respondent, two children have been born whose documents have been produced along with Criminal Miscellaneous Petition No. 10906 of 2025. 12025 SCC OnLine SC 614 - 6 - HC-KAR CNR: KAHC010248012026 NC: 2026:KHC:36241 CRL.P No. 5428 of 2026 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 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 - 7 - HC-KAR CNR: KAHC010248012026 NC: 2026:KHC:36241 CRL.P No. 5428 of 2026 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.” (Emphasis supplied) 5. Following the judgment of the Apex Court and in the light of the marriage between the two, I deem it appropriate to accept the application seeking compounding of the offence and the said Joint Affidavit as quoted supra and obliterate the crime with a rider that if the accused-husband would leave the wife now married, in the lurch at any time, the impugned POCSO proceedings will spring back/revive. 6. With the aforesaid observations, the following: O R D E R [I] Criminal Petition is disposed. [II] Entire Charge Sheet in Spl.C (POCSO) No.24/2026 (arising out of Crime No.484/2025 of - 8 - HC-KAR CNR: KAHC010248012026 NC: 2026:KHC:36241 CRL.P No. 5428 of 2026 Bharamasagara P.S.) on the file of Special, 2nd Addl. District and Sessions Judge, Chitradurga, for the offences under Sections 137(2), 64(2)(m) of BNS, 2023 and Sections 4 and 6 of Protection of Children from Sexual Offences Act, 2012 and Section 9 of Prohibition of Child Marriage Act and Section 75 of Juvenile Justice (Care and Protection of Children) Act, 2015, qua the petitioner stands quashed. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 2 Sl No.: 73