HC-KAR IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 25^TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103895 OF 2025 C/W CRIMINAL PETITION NO.103896 OF 2025 (482(CR.PC)/528(BNSS))

IN CRL.P. NO. 103895 OF 2025:

BETWEEN:

1. MANJUNATH S/O KALLAPPA HARIJAN, AGE. 28 YEARS, OCC. COOLIE, R/O. HARIJAN ONI, MANAGUNDI, DHARWAD, PIN-580 007.

2. KALLAPPA S/O KARIYAPPA HARIJAN, AGE. 54 YEARS, OCC. COOLIE, R/O. MADAR ONI, MANAGUNDI, TQ. AND DIST. DHARWAD, PIN-580 007.

D si i g g n it e a d l l b y y RAKESH S RAKESH HARIHAR S HARIHAR L H C o O I c G U a H t R io T n O : F 3. SMT. MALLAVVA KARNATAK A D BE H N A C R H WAD W/O KALLAPPA MADAR @ HARIJAN, AGE. 43 YEARS, OCC. COOLIE, R/O. MADAR ONI, MANAGUNDI, TQ. AND DIST. DHARWAD, PIN-580 007.

… PETITIONERS (BY SRI. T.R. PATIL, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA, BY DHARWAD RURAL P.S., REPRESENTED BY S.P.P., HC-KAR HIGH COURT BUILDING, DHARWAD, PIN-580 011.

2. XXXX AGE. 21 YEARS, OCC. HOUSEHOLD WORK, R/O. KELAGERI, TQ. AND DIST. DHARWAD.

… RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1;

SRI. H. MANJUNATH, ADVOCATE FOR R2)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS, 2023), PRAYING TO QUASH THE COMPLAINT, CHARGE SHEET IN SPL.SC NO.61/2023 AND ORDER OF TAKING COGNIZANCE AND ISSUANCE OF PROCESS DATED 11/09/2023 ENTIRE PROCEEDINGS AGAINST AND THESE PETITIONERS/ACCUSED NO.1 TO 3 IN CRIME.170/2023 REGISTERED BY DHARWAD RURAL P.S., FOR THE OFFENCES PUNISHABLE UNDER SECTION 376 OF IPC, UNDER SECTIONS 17 AND 6 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCE ACT 2012 AND UNDER SECTIONS 9 AND 11 OF THE CHILD MARRIAGE RESTRICT ACT PENDING ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE AT: DHARWAD.

IN CRL. P. NO.103896 OF 2025:

BETWEEN:

1. KARIYAPPA S/O RAMAPPA MUGALI, AGE. 39 YEARS, OCC. COOLIE, R/O. HARIJAN KERI, KALAGERI, VTC, DHARWAD, PIN-580 007.

2. SMT. SHANTAVVA W/O KARIYAPPA MUGALI, AGE. 37 YEARS, OCC. COOLIE, R/O. HARIJAN KERI, KALAGERI, VTC, DHARWAD, PIN-580 007.

… PETITIONERS (BY SRI. SUHAS K. HOSAMANI, ADVOCATE)

HC-KAR AND:

1. THE STATE OF KARNATAKA, BY DHARWAD RURAL P.S., REPRESENTED BY S.P.P., HIGH COURT BUILDING, DHARWAD, PIN-580 011.

2. XXXX AGE. 21 YEARS, OCC. HOUSEHOLD WORK, R/O. KELAGERI, TQ. AND DIST. DHARWAD-580 007.

… RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1;

SRI. H. MANJUNATH, ADVOCATE FOR R2)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS, 2023), PRAYING TO QUASH THE COMPLAINT, CHARGE SHEET IN SPL.SC NO.61/2023 AND ORDER OF TAKING COGNIZANCE AND ISSUANCE OF PROCESS DATED 11/09/2023 AND ENTIRE PROCEEDINGS AGAINST THESE PETITIONERS/ACCUSED NO.4 AND 5 IN CRIME.170/2023 REGISTERED BY DHARWAD RURAL P.S., FOR THE OFFENCES PUNISHABLE UNDER SECTION 376 OF IPC, UNDER SECTIONS 17 AND 6 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCE ACT 2012 AND UNDER SECTIONS 9 AND 11 OF THE CHILD MARRIAGE RESTRICT ACT PENDING ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE AT: DHARWAD.

THESE PETITIONS ARE COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER:

HC-KAR

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)

Accused Nos.1 to 5 in Special S.C. No.61 of 2023 pending before the Court of II Additional District and Sessions Judge and Special Judge, Dharwad, arising out of Crime No.170 of 2023 registered by Dharwad Rural Police Station, Dharwad for offences punishable under Sections 9 and 11 of Child Marriage Restraint Act, Sections 17 and 6 of POCSO Act and Section 376 of IPC, are before this Court in these two petitions filed under Section 528 of BNSS, 2023, with a prayer to quash the entire proceedings in the aforesaid cases against them.

2. Learned counsels appearing for the petitioners and learned counsel appearing for respondent No.2 in both the petitions jointly submit that dispute between the parties has been amicably settled at the intervention of the elders and well wishers of the parties after charge sheet was fil