Back
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF FEBRUARY, 2024 BEFORE THE HON'BLE MR JUSTICE K.NATARAJAN CRIMINAL PETITION NO.1284 OF 2024 BETWEEN:
1. DHANUSH @ DHANUSH S/O VENKATESH AGED ABOUT 22 YEARS R/AT YALIYUR VILLAGE CHANNARAYPATNA HOBALI DEVANAHALLI TALUK BENGALURU RURAL DISTRICT KARNATAKA - 561 207
2. MADHU M @ MADHU M S/O MUNISWAMY AGE ABOUT 28 YEARS R/AT NO 2/109, FIRST ROAD, ANANTHAPURA ANDRAPRADESH -
…PETITIONERS (BY SRI NAGENDRA B, ADVOCATE)
Digitally signed by ANAND N AND:
Location:
HIGH COURT OF 1. STATE OF KARNATAKA KARNATAKA BY BAGEPALLI POLICE STATION REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 560001
2. SHOBITHA Y R D/O RAMESH AGED ABOUT 18 YEARS R/AT YALIYURU VILLAGE CHANNRAYPATNA HOBLI BENGALURU RURAL DISTRICT KARNATAKA - 562110 …RESPONDENTS (BY SMT.K.P.YASHODHA, HCGP FOR R1;
SMT.YABESH M. SHETTY, ADVOCATE FOR R2;)
THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE ENTIRE PROCEEDINGS ON THE BASIS OF COMPROMISE IN CR.NO.74/2023 (SPL.C.NO.961/2023) ON THE FILE OF THE DISTRICT AND SESSIONS JUDGE COURT BENGALURU RURAL DISTRICT (FTSC-III) BY THE RESPONDENT CHENNARAYAPATNA POLICE FOR THE OFFENCE P/U/S 343, 366(A), 376(2)(n) OF IPC AND SEC.4(1), 5(L), 6 OF POCSO ACT AND SEC.9,10,11 OF PROHIBITION OF CHILD MARRIAGE ACT AGAINST THE PRESENT PETITIONERS / ACCUSED NO.1 AND 2.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed under Section 482 of Cr.P.C. for quashing of the proceedings in Crime No.74/2023 [Spl.C.No.961/2023] registered by Channarayapatna Police Station, Bengaluru Rural District, for offences punishable under Sections 343, 366(A), 376(2)(n) of IPC and Sections 4(1), 5(L), 6 of Protection of Children from Sexual Offences Act, 2012 and Sections 9,10 and 11 of Prohibition of Child Marriage Act, 2006.
2. Heard the learned counsel for the petitioners and the learned counsel for the second respondent as well as the learned High Court Government Pleader for the State.
3. During the pendency of this petition, both petitioner and respondents appeared before the Court with their counsels and filed an application in I.A.No.1/2024 under Section 482 read with Section 320 of Cr.P.C, along with a Joint affidavit duly signed by both the parties. It is stated in the Joint affidavit that the first petitioner and the second respondent were in love with each other and they eloped from the parental home and got married. It is further stated that on a complaint being thereafter filed by the father of the second respondent, a charge sheet was filed against the petitioners for offences under Sections 343, 366(A), 376(2)(n) of IPC and Sections 4(1), 5(L), 6 of Protection of Children from Sexual Offences Act,2012 and Sections 9,10 and 11 of Prohibition of Child Marriage Act.2006.
4. In the facts and circumstances of the case, it is evident that the parties have arrived at a settlement and are leading marital life together.
5. Taking into consideration the interest of the victim and her future, I am of the considered view that it is a fit case to grant permission to allow the compromise petition. Accordingly, the following:
ORDER
i) The Criminal Petition is allowed.
ii) The proceedings in Crime No.74/2023 [Spl.C.No.961/2023] registered by Channarayapatna Police Station, Bengaluru Rural District and pending on the file of the Addl.District and Sessions Judge, FTSC-III, Bengaluru Rural District, Bengaluru, is hereby quashed.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
