The court quashed proceedings under IPC and POCSO Act after the victim attained majority and married the petitioner, with both parties expressing no interest in prosecution.

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 Addl. District and Sessions Judge, FTSC-I, at Chikkaballapura, in Spl.S.C.No.104/2024 (in Crime No.85/2024) and further be pleased to Quash the entire proceedings on the file of the learned Addl. District and Sessions Judge, FTSC – I (POCSO), at Chikkaballapura, in Spl.S.C.No.104/2022 (in Crime No.85/2024) for the alleged offences punishable under Section 363 , 376(2)(n) of the Indian Penal Code and under Section 5(J)(II) and 6 of the Protection of Children from Sexual Offences Act, 2012 and offence under Section 9 and 10 of the Prohibition of Child Marriage Act, 2006 against the petitioner vide Annexure-‘A’ and grant any such other relief/s as this Hon’ble Court deems fit in the facts and circumstances of the case, in the interest of justice.”

2. Heard learned counsel for the petitioner, learned HCGP for respondent No.1 and learned counsel for respondent No.2 and perused the material on record.

3. A perusal of the material on record will indicate that pursuant to the complaint dated 21.02.2024 registered as an FIR in Crime No.85/2024 by respondent No.2, Narayanamma, mother of the victim, Shravani for the offences punishable against the petitioner accused under Sections 363 , 376(2)(n) of IPC and Sections 5(j)(ii) and (vi) of the POCSO Act, proceedings in Spl.S.C.No.100/2024 are pending before the Trial Court.

4. The petitioner along with respondent No.2 and the victim are physically present along with their respective counsel and have filed an application under Section 320(2) of Cr.P.C. accompanied by separate affidavits of respondent No.2 and victim, which reads as under:

APPLICATION UNDER SECTION 320(2) OF THE Code of Criminal Procedure

“ That, for the reasons stated in and swear to in the accompanying affidavit the Respondent No.2 herein most respectfully prays that this Hon’ble Court may be pleased to record permission to compound the offence punishable under Section 363 , 376(2) (n) of the Indian Penal Code and under Section 5(J) (II) and 6 of the Protection of Children from Sexual Offences Act, 2012 and offence under Section 9 and 10 of the Prohibition of Child Marriage Act, 2006 in Spl. S.C.No.104/2024 (Crime No. 85/2024), pending before the learned Addl., District and Sessions Judge, FTSC-I, At Chikkaballapur, to meet the ends of justice.”

AFFIDAVIT OF RESPONDENT NO.2

“ I, Smt, Narayanamma, W/o. Sathyanarayana, K.V, Aged about 41 years, Residing at, mittemari Village, Bagepalli Taluk, Chikkaballapura District – 562 101, Now at Bengaluru, do hereby state as follows:

1. I swear that, I am the complaint/2nd respondent herein in the above case and I know the facts of the case, I am deposing to.

2. I swear that, on the basis of my complaint the Respondent No.1 herein has registered a case in Crime No. 85/2024 for the offence punishable under Section 363 of the Indian Penal Code and Prohibition of Child Marriage Act, 2006 against me and after investigation the case the 1st respondent filed a charge sheet before the learned Addl., District and Sessions Judge, FTSC-I, at Chikkaballapura for the offence punishable under Section 363 , 376 (2) (n) of the Indian Penal Code and offence under Section 5(J) (II) and 6 of the Protection of Children from Sexual Offence Act, 2012 and under Section 9 and 10 of the Prohibition of Child Marriage Act, 2006 against the Accused/Petitioner herein now pending on the file of the learned Addl., District and Sessions Judge, FTSC-I, at Chikkkaballapura.

3. I swear that, during curing of these proceedings my daughter attained the age of majority and married to the petitioner on. 10.10.2024 and registered before the Registrar of Marriage on 18.10.2024 and male baby is also born by name Tejesh.M.V. Further, I swear that, in view of Intervention of elder and well wishers of ou