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2025 Supreme(Online)(KAR) 6264
HIGH COURT OF KARNATAKA
MR JUSTICE S.R.KRISHNA KUMAR, J
SRI NARAYANASWAMY K V – Appellant
Versus
STATE OF KARNATAKA BY – Respondent
CRL.P 13185 of 2024
Mutual consent and settlement between parties can lead to quashing of criminal proceedings in personal disputes, particularly under IPC and POCSO Act.
Headnote:(A) Indian Penal Code - Section 376(2)(n) - Protection of Children from Sexual Offences Act, 2012 - Sections 5(J)(II), 5(L), 5(m), 6 - Petition to quash proceedings for alleged offences under IPC and POCSO Act - Parties settled their disputes out of court, with both petitioner and complainant affirming their consent to quash the proceedings - Court quashed the proceedings based on the mutual agreement and settlement. (Paras 1-4)
(B) Quashing of Proceedings - The court emphasized the importance of mutual consent in quashing criminal proceedings, especially in cases involving personal disputes. (Paras 4)
Facts of the case:
The petitioner sought to quash proceedings against him for serious offences under IPC and POCSO Act, citing a settlement reached with the complainant after they both attained the age of majority and married.
Findings of Court:
The court accepted the affidavits from both parties and quashed the proceedings in light of their mutual agreement.
Issues: The main issue was whether the proceedings could be quashed based on the mutual settlement between the parties.
Ratio Decidendi: The court held that mutual consent and settlement between the parties can lead to quashing of proceedings in cases of personal disputes, particularly when both parties affirm their willingness to resolve the matter amicably.
Result: The petition is disposed of and the proceedings are quashed.
ORAL ORDER
In this petition, petitioner has sought for the following relief:-
"WHEREFORE, the above named petitioner most respectfully pray that this Hon'ble Court be pleased to call for the entire record on the file of the learned Additional District and Sessions Judge, FTSC - I, at Chikkaballapura in Spl.S.C.No.139/2022 (in Crime No.94/2022) and further be pleased to quash the entire proceedings on the file of the learned Additional District and Sessions Judge, FTSC - I (POCSO), at Chikkaballapura in Spl.S.C.No.139/2022 (in Crime No.94/2022) for the alleged offences punishable under Section 376(2)(n) of the Indian Penal Code and under Section 5(J)(II) , 5(L) , 5(m) and 6 of the Protection of Children from Sexual Offences Act, 2012 , against the petitioner vide Annexure - 'A' and grant any such other relief/s as this Hon'ble Court deems fit in the fact and circumstance of the case, in the interest of justice."
2. Learned counsel for the petitioner – accused No.1 and learned counsel for 2nd respondent – complainant have filed affidavits duly signed by the petitioner, 2nd respondent and their respective counsel and the same are taken on record.
3. Petitioner – accused No.1 and his counsel, respondent No.2 - complainant and her counsel are physically present before the Court and they admit the contents of the affidavits, which reads as under:-
“AFFIDAVIT OF PETITIONER"
I, Narayanaswamy K.V, S/o. Venkateshappa, Aged about 23 years, R/at. Kammaguttahalli Village, Erenagavalli Post, Chikkaballapura Taluk & District, PIN 562 104, now at Bengaluru, do hereby state as follows:-
1. I submit that, I am the Petitioner in the above case and I know the facts of the case. Hence, I am deposing to.
2. I swear that, the Respondent No.1 herein has registered a case in Crime No.94/2022 for the offence punishable under Section 376(2)(n) of the Indian Penal Code and under section 5(J) (II) , 5(L) , 5(m) and 6 of the Protection of Children from Sexual Offences Act, 2012 against me and after investigating the case the 1st respondent filed a charge sheet before the learned Additional District and Sessions Judge, FTSC I, at Chikkaballapura against the Accused/Petitioner herein now pending on the file of the learned Additional District and Sessions Judge, FTSC-I, at Chikkaballapura.
3. I swear that, after complaint registered by the Respondent No.1 The above Criminal Petition is filed by me to quash the entire Proceedings in Spl.S.C.No. 139/2022 (in Crime No. 94/2022) for the offence punishable under section 376(2)(n) of the Indian Penal Code and under section (5)J (II), 5(L), 5(m) and 6 of the Protection of Children from Sexual Offences Act, 2012 pending on the file of the learned Addl, District and Sessions Judge, FTSC-I, (POCSO), At Chikkaballapura District, during the course of these proceedings at the intervention of the elders and well wishers of respective family the dispute between me and the Petitioner was settled out of court
4. I swear that, during the curing of these proceedings, I have attained the age of majority and married to the petitioner on 16.06.2024. Further, I swear that, in view of Intervention of elder and well wishers of our respective family members. We settled our disputes in presence of respective well wishers in out of court, in view of the said settlement I am not interested to prosecute the above said case, As such, the said case filed by me may be quashed,
5. I swear that, I have not filed any other application for the similar relief before this Hon'ble Court along with main petition.
6. I swear that, the affidavit filed with my true and will and consent without any pressure or coercion.
7. I swear that, if the affidavit allowed no hard ship would caused to Respondent, contrary if rejected I will be put to grate hardship and inconvenience and injustice.
WHEREFORE, I pray that this Hon'ble Court be pleased to Quash the entire proceedings on the file of the learned Addl., District and Sessions Judge, FTSC-I [POCSO], At Chikkaballa
