IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 10^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

CRIMINAL PETITION NO. 13959 OF 2025

BETWEEN:

SRI. KIRAN KUMAR

S/O LATE NARAYANASWAMY,

AGED ABOUT 30 YEARS, R/A. ARIKERE VILLAGE,

SHIDLAGATTA TALUK,

CHIKKABALLAPURA-562 102

…PETITIONER

(BY SRI. NANJUNDA GOWDA M.R., ADVOCATE)

AND:

1. THE STATE OF KARNATAKA BY CHINTAMANI RURAL POLICE

REPRESENTED BY

Digitally STATE PUBLIC PROSECUTOR,

signed by

LAKSHMI T HIGH COURT BUILDING,

L H o ig ca h t C io o n u :

rt DR. AMBEDKAR VEEDHI,

of Karnataka

BENGALURU-560 001.

2. SRI. VENKATESHAPPA

S/O CHIKKAJULLAPPA,

AGED ABOUT 44 YEARS,

R/A. CHENNAKESHAVAPURA VILLAGE,

CHINTAMANI TALUK,

CHIKKABALLAPURA-562 104

…RESPONDENTS

(BY SRI. ANOOP KUMAR M.V., HCGP FOR R1;

SRI. PRAVEEN KUMAR Y.S., ADVOCATE FOR R2)

THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO: (I) CALL FOR L.C.R IN SPL.S.C NO.126/2023 ARISING OUT OF CRIME NO.337/2023 OF CHINTAMANI RURAL POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTION 363, 376(2)(n), 344, 506 OF IPC AND SECTION 8, 6 OF POCSO ACT, 2012 AND SECTION 9 OF PROHIBITION OF CHILD MARRIAGE ACT, 2006 NOW PENDING ON THE FILE OF ADDITIONAL SESSIONS JUDGE FTSC-I (POCSO) AT CHIKKABALLAPURA; (ii) QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONERS IN SPL.S.C NO.126/2023 ARISING OUT OF CRIME NO.337/2023 OF CHINTAMANI RURAL POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTION 363, 376(2)(n), 344, 506 OF IPC AND SECTION 8, 6 OF POCSO ACT, 2012 AND SECTION 9 OF PROHIBITION OF CHILD MARRIAGE ACT, 2006 NOW PENDING ON THE FILE OF ADDITIONAL SESSIONS JUDGE FTSC-I (POCSO) AT CHIKKABALLAPURA.

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

CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

ORAL ORDER

Learned counsel Sri Praveen Kumar Y.S., has filed vakalath on behalf of the victim, who is present in the Court.

2. Considering the submission that the victim and petitioner are married and a joint affidavit is filed by the parties, the vakalath filed on behalf of the victim is accepted.

3. Petitioner is the sole accused, facing trial in Spl.S.C.No.126/2023, on the file of the Court of Additional Sessions Judge FTSC-I, (POCSO), Chikkaballapura.

4. It is the case of prosecution that the petitioner has kidnapped the minor victim on 24.05.2023 at about 9.00 a.m., and married her in front of Betrayaswamy Temple tying thali and then repeatedly committed penetrative sexual assault on her.

5. Chargesheet is filed for the offence punishable under Section 363, 344, 376(2)(n), 506 IPC, Section 6 and 8 of the POCSO Act, 2012, and Section 9 of the Prohibition of Child Marriage Act.

6. The petitioner and the victim, now a major are present before the Court. An application is filed along with the joint affidavit, wherein it is stated that the victim girl and the petitioner are married and residing together leading a happy life along with their child.

7. According to prosecution, date of Birth of the victim is 31.05.2006 and since the alleged offence of kidnap etc., is committed on 05.09.2024, the victim was a minor as on the date of commission of offence. The prosecution has relied on the school admission extract to prove victim’s date of birth. However, the date of birth is disputed by the petitioner. It is contended that there is no other authentic document such as date of birth certificate or medical opinion to prove the victim’s age.

8. Learned counsel for petitioner has drawn the attention of the Court to the statement of the victim recorded under Section 164 of Cr.P.C. Wherein, she has not made any allegation against the petitioner, on the other hand, she has stated that a false case was registered. Further, even in her deposition before the trial Court, victim girl examined as PW.1 has denied the prosecution case.

9. The vicitm who is present before the Court submits that she is married and living with the petitioner and their child and leading a happy life and therefore, seeks to quash the proceedings.

10. The Hon’ble A