Petitioner is sought to be prosecuted for the offence

punishable under Section 376(2)(n) of IPC and Section 6 of the

POCSO Act, 2012.

The case of the prosecution is that, the petitioner-

accused had committed penetrative sexual assault on the

survivor who was a minor as on the date of the incident.

3.

The survivor who is present before this Court along

with her father and has filed an affidavit which reads thus:

I,

Kum.

Sneha,

aged

about

18

years,

Daughter

of

Narasimhappa, residing at Ward No.21, JJ Colony., JJ Colony,

Chintamani, Chikkaballapur, Karnataka-563 125, do hereby

state on oath as follows:-

1. That, I am the Complainant/Respondent No.2 in this

case and well aware of the facts and circumstances in the

above-mentioned case and accordingly I am competent to

swear on this affidavit.

2. That I am major by age now, and in support of my age

I am submitting my transfer certificate from GHS

Doddaganjur along with this affidavit.

3. That, I am in a romantic relationship with the

Petitioner, and intend to marry him, and to live a hapy

married life with him and he has agreed to the same.

4. That, I have no objection to this Hon'ble court

exercising its power under section 482 CrPC and quashing

the proceedings pending before the Fast Track Sessions

Court at Chikkaballapur bearing Spl SC No.121/2021

against the petitioner, for the above-said reasons.

5. That what is stated above is stated out of my own will

and volition. That no one has influenced me to swear on

this affidavit.

6. That, what is stated above is true and correct to the

best of my knowledge information, and belief.

- 3 -

WHEREFORE, through this affidavit, I undertake and express

my wish to marry the petitioner herein and accordingly, I have

no objection in allowing the above-captioned petition and to

this Hon'ble Court exercising its power under section 482 CrPC

and quashing the proceedings, pending against the petitioner

herein, before the Fast Track Sessions Court at Chikkaballapur

bearing Spl SC No. 121/2021 for the offenses punishable under

sections 376(2)(n) of the Indian Penal Code and Section 6 of

the POCSO Act, 2012.

4.

Petitioner-accused who is in Judicial Custody has

been produced by Ramalakshmana AHC 42, and the petitioner

has stated that he is willing to solemnize his marriage with the

survivor and the sexual intercourse between them was

consensual one since they were in relationship.

5.

The survivor was examined as P.W.1 and in her

examination-in-chief she turned hostile and in the cross-

examination nothing is elicited from the survivor by the

prosecutor to support the case of the prosecution. The medical

records discloses that the survivor was subjected to sexual

intercourse when she was minor as on the date of the incident.

The survivor who is present before this Court has stated that

she intends to solemnize her marriage with the accused, and if

the criminal proceedings are allowed to be continued, it would

result in incarceration of the accused which would cause more

agony and misery to the survivor rather than securing the ends

of

justice.

Therefore,

the

continuation

of

the

criminal

proceedings will not sub-serve the ends of justice and will be an

abuse of process of law.

6.

Accordingly, the petition is allowed.

- 4 -

i)

The

impugned

proceedings

in

Spl.S.C.No.121/2021, pending on the file of the Court of

Learned Additional District and Sessions Judge, FTSC-1,

Chikkaballapura stands quashed. Consequently, the petitioner-

accused is acquitted of the offences alleged against him.

ii)

The Jail Superintendent of Police concerned to

release the petitioner-accused from the judicial custody

forthwith, if he is not required in any other case.

iii)

This order is subject to the condition that the

petitioner-accused shall solemnize his marriage with the

survivor within one month from today, and register the same

before the competent authority.

List this matter for compliance on 7.12.2023 at 2.30 p.m.

Sd/-

JUDGE

HR