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2025 Supreme(Online)(Kar) 22210

KARNATAKA HIGH COURT
MS. JUSTICE J.M.KHAZI, J
SRI. NAGANNA @ NAGA @ DATTI S/O LATE SHIVAPPA – Appellant
Versus
STATE OF KARNATAKA BY CHAMARAJANAGAR EAST POLICE STATION – Respondent
CRIMINAL PETITION NO. 10244 OF 2021



Advocates:
For the Appellants/Petitioners: SRI. MANU B P.
For the Respondents: SRI. VINAY MAHADEVAIAH, SRI. K. MAMATHA

Court allowed quashing of criminal proceedings based on mutual consent following a marriage, emphasizing amicable resolutions in personal disputes.

Headnote:(A) Criminal Procedure Code, 1973 - Section 482 - Quashing of criminal proceedings - Joint compromise petition filed by the parties - Petition allowed based on agreement and mutual consent for leading a happy married life, with the court acknowledging the importance of amicable resolution in cases involving personal relationships. (Paras 3, 4)

(B) Offences under IPC and POCSO Act - Compounding of offences— Court allows compounding under Section 320, emphasizing voluntary nature of the agreement between parties involved and absence of coercion. (Paras 3, 4)

Facts of the case:
The petitioner is accused of offences under IPC and POCSO Act. A joint compromise petition outlines the circumstances of marriage and the birth of children post-complaint, asserting the decision to resolve the matter amicably.

Findings of Court:
The compromise was disclosed as voluntary and satisfactory, thus permitting the quashing of proceedings in the interest of justice and harmony within the family.

Issues: The key question addressed is the permissibility of quashing proceedings based on mutual consent in similar cases.

Ratio Decidendi: The court ruled in favor of the petitioner, recurring to previous case law affirming the court’s capability to quash charges following a good faith compromise between parties.

Result: Petition allowed.

Table of Content
1. involvement of parties in a joint compromise petition. (Para 1 , 4)
2. acknowledgment of family's interest in amicable resolutions. (Para 3)

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 10244 OF 2021 (482(Cr.PC) / 528(BNSS))

BETWEEN:

SRI. NAGANNA @ NAGA @ DATTI S/O LATE SHIVAPPA, AGED ABOUT 26 YEARS, R/AT KODIMOLE VILLAGE, CHAMARAJANAGARA TALUK AND DISTRICT-571342.

…PETITIONER (BY SRI. MANU B P., ADV.)

AND:

1. STATE OF KARNATAKA BY CHAMARAJANAGAR EAST POLICE STATION, Digitally REP. BY THE PUBLIC PROSECUTOR, signed by HIGH COURT BUILDING, REKHA R BANGALORE-01.

Location:

High Court

2. SMT BHAVANI of W/O NAGANNA @ NAGA @ DATTI, Karnataka AGED ABOUT 20 YEARS, R/AT KODIMOLE VILLAGE, CHAMARAJANAGARA TALUK, AND DISTRICT-571342.

…RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1/STATE, SRI. K. MAMATHA, ADV. FOR R2 & R3.)

THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE SPL.CASE NO.163/2018 PENDING BEFORE ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-1 AT CHAMARAJANAGARA, WHICH IS REGISTERED BY THE RESPONDENT NO.1 POLICE, CR.NO.286/2018 CHAMARAJANAGARA EAST P.S., AGAINST THE PETITIONER/ACCUSED FOR COMMISSION OF OFFENCES P/U/S

366,376 OF IPC AND SEC.4,6 AND 12 OF POCSO ACT.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MS. JUSTICE J.M.KHAZI

ORAL ORDER

Petitioner, respondent Nos.2 and 3, who are victim girl and defacto complainant respectively, and their respective counsel are present.

2. Learned High Court Government Pleader for respondent No.1 State also present.

3. A joint compromise petition in the form of I.A.No.1/2025 is filed under Section 482 r/w Section 320 of Cr.P.C, duly signed by the parties. The terms and conditions of the joint compromise reads as under:

"1. The Petitioner and Respondent No-2 jointly that in pursuance of the complaint lodged by the Respondent No-3, the Respondent No-1 police have registered the case against the petitioner for the alleged offences under section 366,376 of IPC R/w section 4 and 6 POCSO Act.

2. The Petitioner and Respondent No-2 jointly submits that with our own volition and volition of parents of petitioner and Respondent No-2, the petitioner and Respondent No-2 have entered in to marriage on 27/09/2020 at Male Mahadeshwara Temple and since from the date of marriage, the Respondent No-2 residing in the matrimonial home with the petitioner and leading happy married life with the petitioner.

3. The petitioner and Respondent No-2 jointly submits that out of the wedlock, the Respondent No-2 has given birth to one female child by name Ananya on 21/08/2021 and subsequently, on 28/11/2024 has given birth to one male child by name Dhanush on

28/11/2024.

4. The petitioner and Respondent-2 jointly both are residing in matrimonial home with children and we are leading happy married life and they are settled the dispute amicably.

5. The petitioner submits that he is undertakes before this Honble Court that he will take care Respondent No-2 and two chidren with utmost care and love and affection.

6. The petitioner and Respondents submits that in very similar circumstances by considering the law laid down by the Honble Supreme Court, the co-ordinate bench of this Honble Court in the case of Manjunatha Vs State of Karnataka in Crl Pet No-4658/2024 has quashed the proceedings, therefore, the petitioner and Respondent No-2 request this Honble Court may be extend same benefit to us in the interest of justice.

7. The Petitioner and Respondent No-2 submits that the averments made above are by me are voluntary and without any force or coercion and in the best interest of our family, it is necessary to allow the petition as prayed for.

8. The Petitioner and Respondent No-2 submits that if the petition filed by the petitioner is not allowed, we will be put to a great deal of hardship, irreparable loss and injury and justice will suffer. However, no prejudice or h

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