- 1 - HC-KAR NC: 2026:KHC:1783 CRL.P No. 9055 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 9055 OF 2023 BETWEEN: 1. S.RUDRESH S/O SHIVARUDRAIAH AGED ABOUT 44 YEARS 2. XXXX XXXX XXXX …PETITIONERS (BY SRI ANAND R. V., ADVOCATE) AND: 1. STATE OF KARNATAKA BY RAMANAGARA WOMEN POLICE STATION RAMANAGARA DISTRICT – 562 109. REPRESENTED BY STATE PUBLIC PROSECUTOR OFFICE ATTACHED TO HIGH COURT BUILDING BENGALURU – 560 001. 2. SHASHANK S/O SHIVARAJU AGED ABOUT 22 YEARS R/AT NO.605/55 NEAR MH SCHOOL VIVEKANANDANAGARA Digitally signed by SANJEEVINI J KARISHETTY Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1783 CRL.P No. 9055 of 2023 RAMANAGARA TOWN RAMANAGARA DISTRICT – 562 109. …RESPONDENTS (BY SRI B.N.JAGADEESHA, ADDL. SPP FOR R1; SRI K.NATARAJ, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.P.C., PRAYING TO SET ASIDE THE ORDER DATED 28.08.2023, PASSED IN SPL.C.(POCSO) 113/2022, ON THE FILE OF HON’BLE 1ST ADDL. DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE AT RAMANAGARA, U/S 376(2)(n) OF IPC AND SEC. 4 AND 6 OF POCSO ACT, IN ISSUANCE OF NBW TO THE PETITIONERS. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners – defacto complainant and the victim respectively are before this Court seeking quashment of the order dated 28.08.2023, passed in Spl.C.(POCSO) No.113/2022, pending before the 1st Additional District and Sessions Judge and Special Judge, Ramanagara, for the offences punishable under Sections 376(2)(n) of the IPC and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012, on the ground that the victim and the accused have got married. - 3 - HC-KAR NC: 2026:KHC:1783 CRL.P No. 9055 of 2023 2. Petitioner No.2 was a minor aged 17 years at the relevant point in time, who had become a victim at the hands of respondent No.2 – accused. Therefore, the father of the victim girl registered a complaint against respondent No.2 – accused in Crime No.79/2022. The police after investigation, filed their charge sheet against the accused in Spl.C.(POCSO)No.113/2022. It transpires that the victim after attaining the age of majority has married the accused on 08.09.2024 and the same is registered on 13.09.2024. Therefore, the subject petition is filed seeking quashment of the proceedings, on the score that, if proceedings are continued, it would prejudice their married life. 3. The issue now would be, whether on account of marriage, the proceedings against respondent No.2 - accused 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 1 [2025 SCC Online SC 614] - 4 - HC-KAR NC: 2026:KHC:1783 CRL.P No. 9055 of 2023 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 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 - 5 - HC-KAR NC: 2026:KHC:1783 CRL.P No. 9055 of 2023 Varanasi and proceedings of the Sessions Trial No. 1332 of 2021 pending before the Special Judge, POCSO Act, Varanasi are hereby quashed." (Emphasis supplied) The parties to the lis have filed an application under Section 320(2) r/w. 482 of the Cr.P.C. before this Court seeking permission to compound the offences supported by the affidavits of petitioner No.2 and the respondentNo.2 and a copy of the registered marriage certificate, before this Court. 4. The affidavit of petitioner No.2, reads as follows: “1. I state that, I am the Victim/CW2 in the above case and I am fully acquainted the facts and circumstances of the above case. Hence, I am swearing this affidavit. 2. I state that, my father/CW1 lodged the complaint before the 1st respondent and same has been registered in crime No. 242/2022 for the offence p/u/s. 376(2)(i) of I.P.C section 5(p) and 5(j) 6 of POCSO Act against the 2nd respondent herein. After the investigation the 1st respondent police have filed a charge sheet. 3. I state that, the 2nd respondent/accused approached for an order of Regular bail in Crl.Pet.No.9792/2022 on the file of Hon'ble High Court of Karanataka. This Hon'ble Court was allowed the petition on 21.10.2022 and imposed the condition No.4 that, "the 2nd respondent shall marry victim immediately - 6 - HC-KAR NC: 2026:KHC:1783 CRL.P No. 9055 of 2023 after she attaining the age of majority", which shall be registered and certificate of registration 4. It is submitted that, the respondent No.2 and myself are relatives. 5. I state that, myself and 2nd respondent have got married on 08.09.2024 and same was registered on 13.09.2024 before the sub-registrar Ramanagara. 6. I state that, due to the intervention of elders and well wishers, myself, and the 2nd respondent have amicably compromised the matter we are living together with harmonious relationship in one roof as husband and wife. Therefore, I am not interested in prosecuting the case against the 2nd respondent. 7. I state that, there is no any grievances and disputes between myself, and 2nd respondent what so ever in nature. Wherefore I pray this Hon'ble Court be pleased to allow the accompanying application and quash the entire proceedings against the 2nd respondent in the interest of justice.” The affidavit of the respondent No.2, reads as follows: “4. It is submitted that, the respondent No.2 and myself are relatives. 5. I state that, myself and 2nd respondent have got married on 08.09.2024 and same was registered on 13.09.2024 before the sub-registrar Ramanagara. 6. I state that, due to the intervention of elders and well wishers, myself, and the 2nd respondent have amicably compromised the matter we are living together with harmonious relationship in one roof as husband and wife. Therefore, I am not interested in prosecuting the case against the 2nd respondent. - 7 - HC-KAR NC: 2026:KHC:1783 CRL.P No. 9055 of 2023 7. I state that, there is no any grievances and disputes between myself, and 2nd respondent what so ever in nature. Wherefore I pray this Hon'ble Court be pleased to allow the accompanying application and quash the entire proceedings against the 2nd respondent in the interest of justice.” In the light of the judgment of the Apex Court and the marriage of the accused with the victim after the incident has solemnized on 08.09.2024, I deem it appropriate to obliterate the proceedings with a rider that in the event, the petitioner would leave the lady in lurch, the proceedings in Spl.C.(POCSO) No.113/2022 would get revived. 5. For the aforesaid reasons, the following: ORDER (i) The criminal petition is disposed. (ii) The proceedings in Spl.C.(POCSO) No.113/2022 pending on the file of the I Additional District and Sessions Judge and Special Judge, Ramanagara, stand quashed qua respondent No.2 – accused. (iii) In the event the accused would leave the victim in the lurch later, the impugned - 8 - HC-KAR NC: 2026:KHC:1783 CRL.P No. 9055 of 2023 proceedings would spring back by its revival. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 252 CT:SS