- 1 - HC-KAR NC: 2026:KHC:6892 WP No. 29056 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 29056 OF 2025 (GM-RES) BETWEEN: SRI. THIMMARAJU N., S/O DODDA NARASIMHAPPA, AGED ABOUT 25 YEARS, R/AT BENNEPARTHI VILLAGE, HAMPASANDRA GUDIBANDE TALUK, CHICKBALLAPURA – 561 209. …PETITIONER (BY SRI. PRAVEEN H. P., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY GUDIBANDE POLLICE STATION, CHICKBALLAPURA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU – 560 001. 2. VICTIM, W/O THIMMARAJU N., D/O GANGARAJA, AGED ABOUT 20 YEARS, Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6892 WP No. 29056 of 2025 R/AT BENNEPARTHI VILLAGE, HAMPASANDRA, GUDIBANDE TALUK, CHICKBALLAPURA – 561 209. …RESPONDENTS (BY SRI. B.N.JAGADEESHA, ADDL. SPP FOR R1; SRI. NAVEEN J., ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CR.P.C. PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT SEEKING TO QUASH THE ENTIRE PROCEEDINGS, IN SO FAR AS ACCUSED / PETITIONER IS CONCERNED, INITIATED BY THE LEARNED ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-1, CHIKKABALLAPURA, IN SPL.SC NO.11/2023, FOR THE OFFENCES PUNISHABLE UNDER SECTION 376(2)(n), 506 OF INDIAN PENAL CODE AND SECTION 5(J) (II) (L) AND SECTION 6 OF POCSO ACT, 2012, REGISTERED BY THE RESPONDENT GUDIBANDE POLICE STATION, CHIKKABALLAPURA, IN CRIME NO.0201/2022 VIDE ANNEXURE-C. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:6892 WP No. 29056 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking quashment of the proceedings in Spl.S.C.No.11 of 2023 pending before the Additional District and Sessions Judge, FTSC-I, Chikkaballapura, for the offences punishable under Sections 376(2)(n), 506 of the IPC and Sections 5(j)(ii), 5(l) and 6 of the Protection of Children from Sexual Offences Act, 2012, on the ground that the victim and the accused have got married. 2. Heard Sri.Praveen H.P., learned counsel appearing for the petitioner, Sri.B.N.Jagadeesha, learned Addl. SPP appearing for respondent No.1, Sri.Naveen J, learned counsel appearing for respondent No.2 and have perused the material on record. 3. Respondent No.2 was a minor aged 17 years at the relevant point in time, who had become a victim at the hands of petitioner–accused. It transpires that the victim after - 4 - HC-KAR NC: 2026:KHC:6892 WP No. 29056 of 2025 attaining the age of majority has married the accused on 15.03.2024 and the same is registered on 13.11.2025. From the wedlock a child is born on 01.10.2024. On the aforesaid facts, the Respondent No.2 - victim girl registers a complaint against the petitioner–accused in Crime No.201 of 2022. The police after investigation file a charge sheet against the petitioner - accused and a case is registered before the concerned Court in Spl.S.C.No.11 of 2023. 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. 4. The issue now would be, whether on account of marriage, the proceedings against the petitioner-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 relied upon by the parties duly verified. Accordingly, an 1 2025 SCC Online SC 614 - 5 - HC-KAR NC: 2026:KHC:6892 WP No. 29056 of 2025 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 - 6 - HC-KAR NC: 2026:KHC:6892 WP No. 29056 of 2025 of 2021 pending before the Special Judge, POCSO Act, Varanasi are hereby quashed." (Emphasis supplied) The Apex Court in the aforesaid case observes that, continuation of the criminal proceedings would lead to undue harassment of the accused and victim, who are happily married and also to their children. 5. The parties to the lis have filed an application under Section 482 r/w Section 320 of the Cr.P.C. before this Court seeking permission to compound the offences supported by the affidavit of the petitioner and also Joint Memo of the petitioner and respondent No.2. The Joint Memo of the petitioner and respondent No.2, reads as follows: "1. It is submitted that the Petitioner and Respondent No.2 were acquainted with each other for several years and were in a consensual love relationship, which ultimately culminated into a marriage solemnized on 15.03.2024 at 'Sri Lakshmi Adinarayana Swamy Temple, Gudibande', in accordance with customary rites and traditions. 2. It is submitted that pursuant to the said marriage, the Petitioner and the Respondent No.2 are living together as husband and wife and are leading a peaceful, cordial, and harmonious matrimonial life. 3. It is submitted that, out of the said wedlock, a female child was born on 01.10.2024, and the child is presently under the care and protection of both the Petitioner and - 7 - HC-KAR NC: 2026:KHC:6892 WP No. 29056 of 2025 Respondent No.2. The welfare, future, and well-being of the minor child are of paramount concern to both parties. 4. It is submitted that the Respondent No.2 now states, voluntarily and without any coercion, threat, or undue influence from any quarter, that she has resolved all disputes with Petitioner and has no grievance whatsoever against him. 5. It is submitted that Respondent No.2 has consciously decided to put an end to all litigations arising out of the above crime, in the larger interest of her matrimonial life, the future of the minor child, and for securing mental peace and social stability. 6. It is submitted that the continuation of the criminal proceedings would serve no useful purpose and would only cause irreparable hardship, mental agony, and disturbance to the settled family life of Petitioner and Respondent No.2, apart from adversely affecting the welfare of their minor child. 7. It is submitted that the dispute between the Petitioner and Respondent No.2 has been amicably settled by mutual consent, and both parties have voluntarily resolved all their differences and are presently living together as husband and wife along with their minor child. 8. It is further submitted that the present settlement is bona fide, arrived at amicably, and is in the interest of justice, equity, and good conscience. The Respondent No.2 has no objection for allowing the Writ Petition and for quashing the proceedings in SpL.SC No.11 of 2023 arising out of Crime No. 0201 of 2022. 9. It is submitted that this Hon'ble Court may kindly take the present Joint Memo on record and pass appropriate orders in the interest of justice. WHEREFORE, the Petitioner and Respondent No.2 humbly pray that this Hon'ble Court may be pleased to take the present Joint Memo on record; and to allow the above Writ Petition by quashing the proceedings in Spl.SC No.11 of 2023 initiated by the Addl. District and Sessions Judge, FTSC-I, Chikkaballapura for the offences punishable under Section 376(2)(n), 506 of Indian Penal Code and Section 5(J) (II) (L) and Section 6 of POCSO Act, 2012, registered by Respondent Gudibande Police Station, Chikkaballapura - 8 - HC-KAR NC: 2026:KHC:6892 WP No. 29056 of 2025 District, in Crime No.0201/2022, in the interest of justice and equity." The copy of the registered marriage certificate is also produced before this Court. 6. In the light of the judgment of the Apex Court and the marriage of the accused with the victim, 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.S.C.No.11 of 2023 would get revived. 7. For the aforesaid reasons, the following: ORDER [I] The criminal petition is disposed. [II] The proceedings in Spl.S.C.No.11 of 2023 pending on the file of the Additional District and Sessions Judge, FTSC-I, Chikkaballapura stand quashed qua the petitioner–accused. - 9 - HC-KAR NC: 2026:KHC:6892 WP No. 29056 of 2025 [III] In the event the accused 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.: 8 CT:SS