ORDER

The petitioner is before this Court seeking quashment of the proceedings in Spl.S.C.No.11/2020 pending before the Additional District and Sessions Judge, FTSC-I, Chikkaballapura for offences punishable under Sections 366(A), 376(2)(n), 506 of the IPC and under Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012.

2. Heard Sri.K.Ravishankar, learned counsel for petitioner, Sri.K.S.Abhijith, learned High Court Government Pleader for respondent No.1 and Sri.R.Hemanth Raj, learned counsel for respondent No.2.

3. During the pendency of the proceedings, it is submitted that the parties have entered into compromise and that the petitioner has married the victim on 14-07-2023 and they also have 2 children out of the wedlock. A copy of the marriage certificate is also produced before this Court. The complainant has also filed an application under Section 320(2) of the Cr.P.C. seeking to compound the offences, on the ground that the parties have entered into compromise on the intervention of the elders and well wishers. The affidavit filed in support of the application reads as follows:

“I, Smt. Gangadevi W/o. Nagaraj, Aged about 32 years, Residing at, Ambedkar Nagara, Gudibande Town, Chikkaballapura District, Now at Bengaluru, do hereby state as follows:-

1. I am conversant with the facts of the case and I am swearing this affidavit as hereunder.

2. I swear that, on the basis of my complaint the Respondent No.1 herein has registered a case in Crime No. 18/2020 for the offence punishable under Section 376(2)(1), 506 of the Indian Penal Code and section 4 and 6 of the Protection of Children from Sexual Offence Act.2012, against the Accused/Petitioner herein now the said case is set down for trail before the learned Addl., District and Sessions Judge, FTSC-I, at Chikkaballapur.

3. I swear that, the victim in the above case after attaining the age of majority the victim married the accused/petitioner herein and in their matrimonial life she gave a birth to a male child on 14.04.2020 and present she is also pregnant to the second baby in view of Intervention of elders and well wishers of our respective family members. We settled our disputes in presence of respective well wishers out of the court, In view of the said settlement. I am not interested to prosecute the above said case before the learned Addl., District and Sessions Judge, FTSC-I, At Chikkaballapura, in Spl. S. C. No.11/2020 for the offence punishable under Section 366(A), 376(2) (n), 506 of the Indian Penal Code and Under Section 4 and 6 of the Protection of Children from Sexual Offence Act.2012, registered by the Respondent No.1 Gudibande Police Station. As such, the said case filed by me may be quashed.

4. I swear that, in order to preserve the precious time of the trail court this affidavit is filed to quash the proceedings in Spl.S.C. No. 11/2020, pending before the learned Addl., District and Sessions Judge, FTSC-I, At Chikkaballapura, for the offence punishable under Section 366(A), 376(2) (n), 506 of the Indian Penal Code and Under Section 4 and 6 of the Protection of Children from Sexual Offence Act.2012.

5. I swear that, I had filed this affidavit on my own and will and consent without compulsion or pressure from any one.

WHEREFORE, the Respondent No.2 herein most respectfully prays that this Hon'ble court may be pleased to allow the accompanying application as prayed for, to meet the ends of justice.”

The affidavit filed by the victim reads as follows: “I, Smt. XXXX W/o. Madhu, D/o. XXXX, Aged about xx years, xxxxxx, Now at Bengaluru, do hereby state as follows:-

1. I swear that, I am the victim in the above case and I know the facts of the case, I am deposing to.

2. I swear that, on the basis of the 2nd Respondent complaint, the 1st Respondent herein has registered a case in Crime No.18/2020 for the offence punishable under section 376(2)(1), 506 of the Indian Penal Code and Section 4 and 6 of the Protection of Children from Sexual Offence Act, 201