- 1 - HC-KAR NC: 2026:KHC-D:188 CRL.P No. 103222 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 8TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 103222 OF 2024 (482(CR.PC)/528(BNSS)) BETWEEN: 1. MR. FAROOQAHMED S/O. KUTUBUDDIN KILLEDAR AGE 42 YEARS, OCC. PRIVATE WORK R/O. ASHOK NAGAR, EWS NO. 27, BELAGAVI 590016. 2. MR. MOHAMMED JAFAR S/O. HYDARALI HAJARATHBHAI AGE 39 YEARS, OCC. PRIVATE WORK R/O. ASHOK NAGAR, EWS NO. 226, BELAGAVI 590016. 3. MR. SANDEEP S/O. KRISHNA MUCHANDIKAR AGE 38 YEARS, OCC. PRIVATE WORK R/O. 313, 59/E, SHIVAJI GALLI, KANABARGI, BELAGAVI 590016. …PETITIONERS (BY SRI. Z.M. HATTARKI AND SRI. ARZOO M. MULLA, ADVOCATES) AND: 1. THE STATE OF KARNATAKA BY CHIKKODI POLICE STATION, BELAGAVI REPTD BY ITS PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA DAHRWAD. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATKA DHARWAD BENCH Date: 2026.01.14 14:07:20 +0530 - 2 - HC-KAR NC: 2026:KHC-D:188 CRL.P No. 103222 of 2024 2. XXX VICTIM R/O. SAHYADRI NAGAR, POLICE COLONY, PLOT NO.22, CTS NO.45, BELAGAVI, PRESENT ADDRESS. SANIYA D/O ZAKIR HUSSAI GOUNDI HOSPET GALLI, CHIKKODI, 591201. 3. CHILD WELFARE COMMITTEE SHIVAJI NAGAR, BELAGAVI 590016 …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1 AND R3; SRI. MAHANTESH S. HIREMATH, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/SE. 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN SPECIAL CASE NO. 120/2021 (CHIKKODI PS CRIME NO. 133/2020) IN CHIKKODI POLICE STATION BELAGAVI CITY, DATED 03.09.2020 FOR THE OFFENCES P/U/SEC. 10 AND 11 OF CHILD MARRIAGE RESTRAINT ACT IN RESPECT OF THESE PETITIONERS, WHICH IS PENDING ON THE FILE OF ADDITIONAL DISTRICT AND SESSION JUDGE BELAGAVI-FTSC-I BELAGAVI (SPECIAL COURT FOR TRIAL OF POCSO CASES) AND ALL OTHER PROCEEDINGS ARISING THERE FROM AGAINST THE PETITIONERS/ACCUSED NO.2 TO 4, TO MEET THE ENDS OF JUSTICE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC-D:188 CRL.P No. 103222 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri Z.M. Hattarki and Sri Arzoo M. Mulla, learned counsel for the petitioners, and Smt. Kirtilata R. Patil, learned High Court Government Pleader for respondent Nos. 1 and 3, and Sri Mahantesh S. Hiremath, learned counsel for respondent No. 2. 2. This petition is filed with following relief: “WHEREFORE, in the lights of the aforementioned grounds and grounds to be urged at the time of hearing, the petitioners/accused No. 2 to 4 most respectfully prays that this Hon'ble Court may be pleased to: (i) Quash the entire proceedings in Special Case No. 120/2021 (Chikkodi PS Crime 'No. 133/2020) in Chikkodi Police Station Belagavi City, dated 03.09:2020 for the offences punishable under Section 10 and 11 of Child Marriage Restraint Act in respect of these petitioners, which is pending on the file of Additional District & Session Judge Belagavi- FTSC-I Belagavi (Special Court for trial of POCSO Cases) and all other proceedings arising there from against the - 4 - HC-KAR NC: 2026:KHC-D:188 CRL.P No. 103222 of 2024 petitioners/accused No. 2 to 4, to meets the ends of justice. (ii) Pass any such orders, directions etc, as this Hon'ble Court deems fit in the interest of justice.” 3. Learned counsel for the petitioners submitted that petitioners were only witnesses to the registered marriage and, therefore, cannot be held responsible for any of the alleged offences. 4. Per contra, learned counsel for respondent No.2 and Smt. Kirtilata R. Patil, learned High Court Government Pleader for respondent Nos.1 and 3, supported the impugned order. 5. Having heard the arguments of learned counsel appearing for both sides, it is noticed that petitioners were only witnesses to the registered marriage. 6. Therefore, are liable to be prosecuted only for the offences punishable under Sections 10 and 11 of the Child Marriage Restraint Act, and not for the other offences alleged. - 5 - HC-KAR NC: 2026:KHC-D:188 CRL.P No. 103222 of 2024 7. Accordingly, the pending proceedings against petitioners for the offences punishable under Sections 363, 376(1), 376(2)(n), 377, 465, 471, 420, 504 and 506 of the Indian Penal Code (for short, ‘the IPC’) and under Sections 7 and 10 of the Protection of Children from Sexual Offences (POCSO) POCSO Act, are hereby quashed. 8. It is, however, made clear that the petitioners shall remain liable to be prosecuted for the offences under the provisions of the Child Marriage Restraint Act. Sd/- (V.SRISHANANDA) JUDGE AC CT-CMU LIST NO.: 2 SL NO.: 13