Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010222322026 NC: 2026:KHC:42732 CRL.P No. 4867 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 4867 OF 2026 BETWEEN:
1. VENKATESHA, S/O. DASEGOWDA, AGED ABOUT 36 YEARS, R/AT HUNASANAHALLI VILLAGE, VIRUPAKSHIPURA HOBLI, CHANNAPATNA TALUK, RAMANAGARA DISTRICT-562 119.
2. DASEGOWDA, S/O LATE CHIKKANNA, AGED ABOUT 53 YEARS, R/A HUNASANAHALLI VILLAGE, VIRUPAKSHIPURA HOBLI, CHANNAPATNA TALUK, RAMANAGARA DISTRICT-562 119.
3.
SMT. VENKATALAKSHMAMMA, W/O. DASEGOWDA, AGED ABOUT 54 YEARS, R/AT HUNASANAHALLI VILLAGE, VIRUPAKSHIPURA HOBLI, CHANNAPATNA TALUK, RAMANAGARA DISTRICT-562 119.
4.
SMT. SAVITHA, W/O. LATE RAMACHANDRA, AGED ABOUT 41 YEARS, R/AT HOSAKANNIDODDI VILLAGE, VIRUPAKSHIPURA HOBLI,
Digitally signed by PADMAVATHI B K Location: High Court of Karnataka
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HC-KAR
CNR: KAHC010222322026 NC: 2026:KHC:42732 CRL.P No. 4867 of 2026
CHANNAPATNA TALUK, RAMANAGARA DISTRICT-562 138. …PETITIONERS (BY SRI. A. S. KULKARNI, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA BY AKKUR POLICE STATION, RAMANAGARA DISTRICT-562 138.
REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001.
2.
SHRI SIDDALINGAIAH, (FATHER'S NAME NOT KNOWN TO THE PETITIONERS) AGED ABOUT 38 YEARS, CHILD DEVELOPMENT PROJECT OFFICER, CDPO OFFICE, NO.4823, APPAJI COMPLEX, CHANAL ROAD, VIVEKANANADA NAGAR, CHANNAPATNA TOWN, RAMANAGARA DISTRICT-562 160.
3.
SMT. AKSHAYA, D/O. LATE RAMACHANDRA, AGED ABOUT 19 YEARS, R/AT HOSAKANNIDODDI VILLAGE, VIRUPAKSHIPURA HOBLI, CHANNAPATNA TALUK, RAMANAGARA DISTRICT-562 138. …RESPONDENTS (BY SRI. B.N. JAGADEESHA, SPP-I FOR R-1 & R-2;
SMT. ZYNAB BEGUM, ADVOCATE FOR R-3)
THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) TO QUASH THE CHARGE SHEET AGAINST THE PETITIONERS IN CC.NO.642/2023 (AKKUR POLICE STATION CRIME NO.
87/2023) FOR THE ALLEGED OFFENCE P/U/S 9 AND 10 OF THE
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HC-KAR
CNR: KAHC010222322026 NC: 2026:KHC:42732 CRL.P No. 4867 of 2026
CHILD MARRIAGE RESTRAINT ACT, PENDING BEFORE THE LEARNED SENIOR CIVIL JUDGE AND JMFC, CHANNAPATNA.
THIS PETITION, COMING ON FOR REPORTING SETTLEMENT, 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 prayers:
"Wherefore, the petitioners most respectfully pray that, this Hon'ble Court may be pleased to quash the charge sheet against the petitioners in C.C. No.642/2023 (Akkur Police Station Crime No.87/2023) for the alleged offence punishable under Section 9, 10 of the Child Marriage Restraint Act, on the file of the learned Senior Civil Judge and Judicial Magistrate First Class, Channpatna, in the interest of justice equity."
2. Heard Sri.A.S.Kulkarni, learned counsel appearing for the petitioners, Sri.B.N.Jagadeesha, learned SPP-I appearing for respondent Nos.1 and 2, Smt.Zynab Begum,
learned counsel appearing for respondent No.3 and have perused the material on record. - 4 -
HC-KAR
CNR: KAHC010222322026 NC: 2026:KHC:42732 CRL.P No. 4867 of 2026
3. During the pendency of the proceedings, the parties to the lis have filed a Joint Memo, which reads as follows:
“the Petitioners Accused Nos.1 to 4 and the Respondent No.3- CW-2/ Complainant / Victim respectively, do hereby state as follows:
1. We submit that, the petitioner Nos.1 to 4 are Accused Nos.1 to 4 respectively in C.C No.642/2023 (Akkur Police Station Crime No.87/2023) for the alleged offence punishable under Section 9, 10 of the Child Marriage Restraint Act, on the file of the learned Senior Civil Judge and Judicial Magistrate First Class, Channpatna. The respondent No.3 is Victim / CW-2/ wife of petitioner No.1. 2. We submit that, the petitioners have filed this petition to quash the charge sheet in C.C No.642/2023 (Akkur Police Station Crime No.87/2023) for the alleged offence punishable under Section 9, 10 of the Child Marriage Restraint Act, on the file of the learned Senior Civil Judge and Judicial Magistrate First Class, Channpatna. 3. The charge sheet is filed against the petitioners alleging that, the date of birth of the respondent No.3 is
06.01.2007. On 15.05.2023 the accused No.1 married to CW-2, a minor and accused Nos.2 to 4 got them married knowing that CW-2 was a minor girl. 4. We submit that, when the respondent 3 attained the age of 18 years 3 months and 27 days, on 02.05.2025, the marriage between the petitioner No.1 and CW-2 was solemnized at Sri Anjaneyaswamy Devasthan, Halaguru, Malavalli Taluk, Mandya District, as per Hindu rites and customs, in presence of relatives, friends and elders. 5. We submit that, in the month of July 2025, the Respondent No.3 has become pregnant. On 07.04.2026 a son Yuvaraj V was born to the petitioner No.1 and the respondent No.3 out of the said wedlock. The petitioner No.1 and the Respondent No.3 are leading happy married life together along with their son with love and affection. In order to facilitate the petitioners and the
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HC-KAR
CNR: KAHC010222322026 NC: 2026:KHC:42732 CRL.P No. 4867 of 2026
respondent No.3 to lead happy married life and to move on in their life, it is just and necessary to quash the charge sheet against the petitioners. 6.
We submit that, the respondent No.3, out of her own free will, without any force or duress has no objection to quash the charge sheet against the petitioners in this case. Wherefore, we, the petitioners and respondent No.3 most respectfully pray that, this Hon'ble Court may be pleased to permit the petitioners and respondent No.3 to compound the offence and quash the charge sheet against the petitioner Nos. 1 to 4 / accused Nos.1 to 4 in C.C No.642/2023 (Akkur Police Station Crime No.87/2023) for the alleged offence punishable under Section 9, 10 of the Child Marriage Restraint Act, on the file of the learned Senior Civil Judge and Judicial Magistrate First Class, Channpatna, in the interest of justice equity. We do hereby declare that what is stated in this Joint Memo is true and correct to the best of our knowledge, belief and information and to that effect we have signed this Joint Memo.”
4. The petitioner No.1 and respondent No.3 are present before the Court and are identified by their respective counsels. 5. In the light of joint memo as quoted supra being filed and on account of marriage of victim and accused No.1 and the offences not being against the State, I deem it appropriate to accept the settlement only in respect of accused
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HC-KAR
CNR: KAHC010222322026 NC: 2026:KHC:42732 CRL.P No. 4867 of 2026
No.1-petitioner No.1 and terminate the proceedings against accused No.1-petitioner No.1 in the subject petition. 6.
Learned counsel for the petitioners submits that the petition may be disposed as withdrawn insofar as other accused-petitioner Nos.2 to 4 are concerned.
7. The submission is placed on record.
8. For the aforesaid reasons, the following:
ORDER [I] Criminal Petition is disposed.
[II] Proceedings in C.C.No.642/2023 (Akkur Police Station Crime No.87/2023) pending before the Senior Civil Judge and Judicial Magistrate First Class, Channapatna, stands quashed qua accused No.1-petitioner No.1.
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HC-KAR
CNR: KAHC010222322026 NC: 2026:KHC:42732 CRL.P No. 4867 of 2026
[III] Criminal Petition is disposed as withdrawn in so far as other accused-petitioner Nos.2 to 4 are concerned.
Sd/- (M.NAGAPRASANNA) JUDGE
CBC List No.: 2 Sl No.: 108