IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19^TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.337 OF 2025 (482(Cr.PC) / 528(BNSS)

BETWEEN:

SRI. REDDAPPA AGED ABOUT 24 YEARS, S/O. VENKATARAMANA, R/AT GOWDATHATHAGODDA VILLAGE, LAKSHMIPURA POST, NELVANKI, SRINIVASAPURA TALUK, KOLAR DISTRICT – 563 134.

…PETITIONER (BY SRI. MANJUNATHA A.C., ADVOCATE)

AND:

1. STATE OF KARNATAKA BY PAATAPALYA POLICE STATION, CHELUR CIRCLE, CHIKKABALLAPURA – 561 212, REP. BY STATE PUBLIC PROSECUTOR, Digitally HIGH COURT OF KARNATAKA, signed by CHANDANA BENGALURU – 560 001.

B M Location:

2. SRI. NARAYANAPPA High Court of Karnataka AGED ABOUT 67 YEARS, S/O. LATE MUNIYAPPA, R/AT DODDIVARIPALLI VILLAGE, BAGEPALLI TALUK, CHIKKABALLAPURA DISTRICT.

…RESPONDENTS (BY SRI. THEJESH, HCGP FOR R-1;

SRI. SHEKARAPPA, ADVOCATE FOR R-2)

THIS CRL.P. IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS)

PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN SPL.S.C.NO.121/2023 (CRIME NO.71/2023) PENDING ON THE FILE OF THE LEARNED ADDL. DISTRICT AND SESSIONS JUDGE, FAST TRACK SPECIAL COURT – I [POCSO] AT CHIKKABALLAPURA FOR ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 363, 343, 376(3) OF THE I.P.C AND UNDER SECTIONS 4 AND 6 OF THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012 AND UNDER SECTION 196 OF THE INDIAN MOTOR VEHICLES ACT, 1988, REGISTERED BY THE 1^ST RESPONDENT PAATAPALYA POLICE STATION VIDE ANNEXURE – A.

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

CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

In this petition, petitioner has sought for the following relief:-

“Wherefore, the petitioner most humbly pray that this Hon’ble Court be pleased to call for the entire records and quash the entire proceedings in Spl.S.C.No.121/2023 (Crime No.71/2023) pending on the file of the learned Additional District and Sessions Judge, Fast Track Special Court – I (POCSO) at Chikkaballapura for alleged offence punishable under Sections 363, 343, 376(3) of the I.P.C. and under Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 and under Section 196 of the Indian Motor Vehicles Act, 1988, registered by the 1^st Respondent Paatapalya Police Station vide Annexure-‘A’ and grant such other relief or reliefs as this Hon’ble Court deems fit to grant in the facts and circumstances of the case, in the interest of justice.”

2. Learned counsel for the petitioner – accused has filed an application under Section 320(2) of the Code of Criminal Procedure along with the affidavit dated 19.02.2025 and learned counsel for respondent No.2-complainant has also filed an affidavit dated 19.02.2025 duly signed by the petitioner, respondent No.2 and their respective counsel and the same are taken on record.

3. Petitioner – accused and respondent No.2 are physically present before the Court along with their respective counsel and they admit the contents of the aforesaid application dated 19.02.2025 and two affidavits dated 19.02.2025, which read as under:-

“APPLICATION UNDER SECTION 320(2) OF THE CODE OF CRIMINAL PROCEDURE That, for the reasons stated in and swear to in the accompanying affidavit the Respondent No.2 herein most respectfully prays that this Hon’ble Court may be pleased to accord permission to compound the offence punishable under Section 363, 343, 376(3) of the I.P.C and under Section 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 and under Section 196 of the Indian Motor Vehicles Act, 1968 in Spl.S.C.No.121/2023 (in Crime No.71/2023) registered by the 1^st respondent Paatapalya Police Station, pending on the file of the Addl. Sessions Judge, Fast Track Special Court – I (POCSO), at Chikkaballapura, to meet the ends of justice.

AFFIDAVIT I, Narayanappa S/o. Late. Muniyappa, Aged about 65 years, residing at, Doddivaripalli Village, Bagepalil Taluk, Chikkaballapura Dist - 560 212, Now at Bengaluru, do hereby state as follows:-

1. I am conversant with the facts of the case and I a