IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 12^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

CRIMINAL PETITION NO. 16411 OF 2025

BETWEEN:

1. SRI.THIPPARAJU S/O NARASIMHAPPA,

AGED ABOUT 26 YEARS,

R/A HUNASENAHALLI VILLAGE,

NAGARAGERE HOBLI,

GOWRIBIDANUR TALUK,

CHIKKABALLAPUR DISTRICT- 561 208.

2. NARASIMHAPPA, S/O LATE GANGAPPA,

AGED ABOUT 65 YEARS,

R/AT HUNASENAHALLI VILLAGE,

NAGARAGERE HOBLI,

GOWRIBIDANUR RALUK,

Digitally

signed by CHIKKABALLAPUR DISTRICT- 561 208.

LAKSHMI T

Location:

High Court 3. SMT. GANGAMMA,

of Karnataka

W/O NARASIMHAPPA,

AGED ABOUT 61 YEARS,

R/A HUNASENAHALLI VILLAGE,

NAGARAGERE HOBLI,

GOWRIBIDANUR TALUK,

CHIKKABALLAPUR DISTRICT 561 208.

4. SRI. NAGAPPA,

S/O UPPARA NAGAPPA,

AGED ABOUT 46 YEARS,

R/A NALLA BHOMMANAHALLI VILLAGE, TEKALEDI PANCHAYATI, HINDUPURA TALUK, ANANTHAPURA DISTRICT, ANDHRA PRADESH 515 341.

5. SMT. GOWRAMMA, W/O NAGAPPA, AGED ABOUT 38 YEARS, R/A NALLA BHOMMANAHALLI VILLAGE, TEKALEDI PANCHAYATI, HINDUPURA TALUK, ANANTHAPURA DISTRICT, ANDHRA PRADESH 515 341.

…PETITIONERS (BY SRI. DEVENDRA N., ADVOCATE)

AND:

1. STATE OF KARNATAKA BY GOWRIBIDANUR RURAL POLICE STATION, CHIKKABALLAPUR REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001.

2. SRI. VENKATEGOWDA.R.K, CDPO OFFICE, AGED 34 YEARS, NEAR GANESHA CYCLE MART, GOWRIBIDANUR, CHIKKABALLAPUR DISTRICT- 561 208.

…RESPONDENTS (BY SRI. ANOOP KUMAR.M.V., HCGP)

THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS)

PRAYING TO QUASH THE FIR IN CR.NO.76/2022 LATER REGISTERED AS SPL.SC.NO.26/2024 ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-1 (POCSO) CHIKKABALLAPUR, FOR THE OFFENCE P/U/S 376(2)(n) OF IPC, U/S 4 AND 6 OF POCSO ACT, 2012, U/S 9,10,11 OF PROHIBITION OF CHILD MARRIAGE ACT, 2006, AT ANNEXURE-

A.

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

CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

ORAL ORDER

Petitioners are seeking to quash the FIR in Crime No.76/2022 registered at Gowribidanur Rural Police Station, Chikkaballapura and the consequent proceedings pending in Spl.S.C.No.26/2024, on the file of the learned Additional District and Sessions Judge and FTSC-I (POCSO)

Chikkaballapura.

2. Charge sheet is filed for the offence Punishable under Section 376(2)(n) of IPC, Section 4 and 6 of the POCSO Act, 2012 and section 9, 10 and 11 of the Prevention of Child Marriage Act, 2006.

3. It is the case of prosecution that about one and half years prior, accused No.1, married the victim girl when she was a minor at one Sri. Lakshminarasimha Swamy temple, in Chilamatthur village, Hindupura Taluq, Andhara Pradesh and took her to his house at Nallabommanahalli, Hindupura Taluq and committed penetrative sexual assault on her. The allegations against accused Nos.2 to 5 are that, they being the parents of accused No.1 and the victim, have performed the child marriage and abetted the commission of offence by accused No.1.

4. Case was registered on a complaint lodged by the CDPO, Gowribidanuru, Chikkaballapura. The complaint appears to be on the basis of information received about the child marriages, performed within the jurisdiction of Hunasenahalli Village Panchayath, Gowribidanuru Taluq. The prosecution is relying on the school records of the victim girl, wherein, her date of birth is mentioned as 12.11.2006, to contend that she was a minor when her marriage was performed. According to prosecution, about one and half years prior, accused Nos.2 to 5 performed the marriage of minor victim with accused No.1. However, the prosecution has not placed convincing material to show that accused No.1 married the victim when she was a minor.

5. Petitioners and the victim girl are present before the Court. They have filed joint affidavits. It is stated that the victim girl has married accused No.1 on 25.12.2024, after attaining majority and the marriage is registered at the Office of the Sub-Registrar of Marriages at Gowribidanur. A copy of the marriage certificate registered under the Hindu Marriage Act is pr