- 1 - HC-KAR NC: 2026:KHC:19846 CRL.P No. 4418 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 4418 OF 2026 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. MR. PRABHU KUMAR S/O JAYARAM AGED ABOUT 32 YEARS, 2. MR. JAYARAM S/O LATE KONAPPA AGED ABOUT 61 YEARS, 3. SMT. NAGAMMA W/O JAYARAM, AGED ABOUT 52 YEARS PETITIONERS NO.1 TO 3 ARE RESIDING AT: SHIVANAPURA VILLAGE, NANDAGUDI HOBLI, HOSAKOTE TALUK, BANGALURU RURAL -562122. 4. SMT. VARALAKSHMI W/O LATE SRINIVASAPPA AGED ABOUT 42 YEARS, R/AT NEAR ESHWARA TEMPLE, KYALANUR, BAMGARAPET KOLAR-563101. 5. MR. MUNIRAJU S/O SEENAPPA AGED ABOUT 49 YEARS, Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:19846 CRL.P No. 4418 of 2026 6. SMT. MAMATHA W/O TIPPARAJU AGED ABOUT 40 YEARS, 7. MR. TIPPARAJU S/O SEENAPPA AGED ABOUT 44 YEARS, PETITIONERS NO.5 TO 7 ARE RESIDING AT: JANGAMAKOTE VILLAGE, SHIDLAGATTA TALUK, CHIKKABALLAPURA-562101. 8. SMT. MANJULA.V W/O VINOD AGED ABOUT 24 YEARS, R/AT DASARAHALLI VILLAGE, HOSAKOTTE TALUK, BENGALURU DISTRICT-560074. 9. MR. MOHAN KUMAR S/O NARAYANASWAMY AGED ABOUT 39 YEARS, 10. MR. SEENANNA S/O KRISHNAPPA AGED ABOUT 46 YEARS, 11. MR. RAGHAVA S/O JAYARAMM AGED ABOUT 28 YEARS, PETITIONERS NO.9 TO 11 ARE RESIDING AT: SHIVANAPURA VILLAGE, NANDAGUDI HOBLI, HOSAKOTE TALUK, BANGALURU RURAL -562122. …PETITIONERS - 3 - HC-KAR NC: 2026:KHC:19846 CRL.P No. 4418 of 2026 (BY SRI. TEJAS N., ADVOCATE) AND: 1. STATE OF KARNATAKA BY NANDAGUDI POLICE STATION, BENGALURU RURAL DISTRICT-562122 (REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560001) 2. XXX(VICTIM) D/O LATE SHRINIVAS AGED ABOUT 18 YEARS R/AT: NEAR ESHWARA TEMPLE KYALANUR, BAMGARAPET KOLAR-563101. …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1; SRI. MANOJ G., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN SPL.C.NO.580/2024 PENDING ON THE FILE OF THE ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-2, BENGALURU RURAL DISTRICT AT BENGALURU, WHICH IS ARISING OUT OF CRIME NO.16/2024 OF NANDAGUDI POLICE STATION, FOR OFFENCES PUNISHABLE UNDER SECTION 376(2)(n) OF INDIAN PENAL CODE, 1860., UNDER SECTIONS 6, 8, 17 OF PROHIBITION OF CHILDREN SEXUAL OFFENCES ACT 2012 AND UNDER SECTION 9, 10, 11 OF PROHIBITION OF CHILD MARRIAGE ACT 2006. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2026:KHC:19846 CRL.P No. 4418 of 2026 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court seeking the following prayers: “Wherefore, the petitioner above named most humbly prays that this hon'ble court be pleased to allow the petition by quash the entire proceedings in SPL.C.No.580/2024 pending on the file of the ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-2, BENGALURU RURAL DRISTRICT AT BENGALURU, which is arising out of Crime No.16/2024 of Nandagudi Police Station, for offences punishable under section 376(2)(n) of Indian Pen Code, 1860., Under section 6, 8, 17 of Prohibition of Children Sexual Offences Act 2012 and Under section 9, 10, 11 of Prohibition Of Child Marriage act 2006, in the interest of justice and equity.” 2. Heard Sri. Tejas N, learned counsel appearing for the petitioners, Sri.Channappa Erappa, learned Addl. SPP appearing for respondent No.1, Sri. Manoj G, learned counsel appearing for respondent No.2 and have perused the material on record. 3. The petitioner No.1 and respondent No.2 are accused No.1 and the victim. They are before the Court seeking quashment of the proceedings on the score of that they are - 5 - HC-KAR NC: 2026:KHC:19846 CRL.P No. 4418 of 2026 married and are living happily. A certificate of marriage is appended to the petition. The marriage is said to have happened on 19.01.2026 and that the same has been registered on 21-01-2026, after the victim has attained 18 years of age. The parties have filed a compromise petition along with Joint Affidavit seeking closure of the proceedings on account of marriage between the two. 4. The Compromise Petition filed by parties to the lis reads as follows: "APPLICATION UNDER SECTION 359 R/W SECTION 528 OF THE BHARATIYA NAGARK SURAKSHA SANHITA 2023 The petitioners, Victim Girl submit before this hon'ble court as follows: 1. The respondent No.2 has lodged a complaint dated 29.01.2024 before the respondent No.1 police which came to be registered as Crime No.16/2024 and further charge sheet was filed against the petitioners in SPL.C.No.580/2024 on the file of the Hon'ble ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-2,BENGALURU RURAL DRISTRICT AT BENGALURU by the respondent No.1, for the offences Punishable under section 376(2)(n) of Indian Pen Code, 1860., Under section 6, 8, 17 of Prohibition of Children Sexual Offences Act 2012 and Under section 9, 10, 11 of Prohibition Of Child Marriage act 2006. 2. The petitioners and victim girl submit that at the intervention of well-wishers the petitioners and victim are intending to compound the case and the victim is not intending to proceed further with the case against the - 6 - HC-KAR NC: 2026:KHC:19846 CRL.P No. 4418 of 2026 petitioners. 3. The Petitioner no.1 (Accused no.1) And Victim girl Married and living happily and the marriage has been registered on 21.01.2026. 4. The petitioner No.1 has taken the responsibility to take utmost care of the victim girl who has attained major now and look after her with utmost love and affection. The victim girl is also willing to live with her husband/Petitioner No.1 and her in-laws in their house going forward. 5. There has been a lot of changes in the circumstances from the date on which the complaint was filed to this day and the circumstances now warrant that the petitioners and the victim girl lead a happy married life with the permission of this hon'ble court. 6. The victim girl and petitioners submit that there is no coercion or compulsion on her to compound the offences and on his own free will agreed to compound the case. Hence this application seeking kind permission of this hon'ble court to compound the offences. 7. The Accused No.4 is in judicial custody. Wherefore, this hon'ble court be pleased to accord permission to compound the offences in SPL.C.No.580/2024 on the file of the Hon'ble ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-2, BENGALURU RURAL DISTRICT AT BENGALURU (Crime No.16/2024) for the offences Punishable under section 376(2)(n) of Indian Pen Code, 1860., Under section 6, 8, 17 of Prohibition of Children Sexual Offences Act 2012 and Under section 9, 10, 11 of Prohibition Of Child Marriage act 2006.and consequently be pleased to allow the main petition filed under section 482 of CrPC as prayed for therein in the interest of justice and equity." 5. The parties to the lis are present before this Court and are identified by their respective counsels. - 7 - HC-KAR NC: 2026:KHC:19846 CRL.P No. 4418 of 2026 6. 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. 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 12025 SCC OnLine SC 614 - 8 - HC-KAR NC: 2026:KHC:19846 CRL.P No. 4418 of 2026 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.” (Emphasis supplied) Following the judgment of the Apex Court, I deem it appropriate to close these proceedings against the petitioners with a rider that in the event, the petitioner No.1 would leave the victim in lurch in the future at any time, the proceedings - 9 - HC-KAR NC: 2026:KHC:19846 CRL.P No. 4418 of 2026 under the POCSO Act which is now ended on a compromise petition and not on its merit, will automatically get revived on a complaint being registered by the respondent-wife. 7. With the aforesaid observations, the following: O R D E R [I] Criminal Petition is disposed. [II] Proceedings in Special Case No.580/2024 pending before the Addl. District and Sessions Judge, FTSC-2, Bengaluru Rural Dristrict at Bengaluru, qua the petitioners stands quashed. [III] The offences under Prohibition of Child Marriage Act, 2006 are not quashed but shall continue qua the petitioners. SD/- (M.NAGAPRASANNA) JUDGE CBC List No.: 2 Sl No.: 165