IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 1943 OF 2026 BETWEEN:

UMESH T., S/O THIMMAPPA @ THIMMANNA, AGED ABOUT 30 YEARS, R/AT ADAVIGOLLARAHATTI VILLAGE, CHITRADURGA TALUK AND DISTRICT – 577 521.

…PETITIONER (BY SRI. KIRAN KUMAR H., ADVOCATE)

AND:

1. STATE BY BHARAMASAGARA POLICE, CHITRADURGA DISTRICT, Digitally REPRESENTED BY signed by SANJEEVINI J STATE PUBLIC PROSECUTOR, KARISHETTY HIGH COURT OF KARNATAKA, Location:

High Court of BENGALURU – 560 001.

Karnataka

2. DEVAKKAVVA BHIMAKKANAVAR, W/O SHIVANANDAPPA M.K, AGED ABOUT 45 YEARS, CHILD WELFARE OFFICER, BHARAMASAGARA PROJECT, CHITRADURAGA TALUK, CHITRADURGA DISTRICT – 577 501.

3. VICTIM XXXXX XXXXX …RESPONDENTS (BY SRI. B.N.JAGADEESHA, ADDL.SPP FOR R-1;

SRI. N.M.GUFRAN, ADVOCATE FOR R-3)

THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE CHARGE SHEET IN SPL.C (POCSO) NO.194/2025 ARISING IN CR.NO.378/2025 REGISTERED BY THE RESPONDENT NO.1 POLICE/ BHARAMASAGARA P.S. FOR THE ALLEGED OFFENCES P/U/S 137(2), 64(2)(m) OF BNS, 2023 AND SEC.4, 5(L), 6 OF POCSO ACT, 2021 AND SEC.9 OF PROHIBITION OF CHILD MARRIAGE ACT AND SEC.75 OF JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015 ON THE FILE OF THE HONBLE 2^ND ADDL. DISTRICT AND SESSIONS JUDGE, CHITRADURGA.

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

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

The petitioner is before this Court seeking quashment of the proceedings in Spl.C.(POCSO).No.194 of 2025 pending before the II Additional District and Sessions Judge, Chitradurga, for the offences punishable under Sections 137(2) and 64(2)(m) of the BNS, 2023; Sections 4, 5(l) and 6 of the Protection of Children from Sexual Offences Act, 2021;

Section 9 of the Prohibition of Child Marriage Act, 2006 and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015, on the ground that the victim and the accused have got married.

2. Heard Sri.Kiran Kumar H, learned counsel appearing for the petitioner, Sri.B.N.Jagadeesha, learned Addl. SPP appearing for respondent No.1, Sri.N.M.Gufran, learned counsel appearing for respondent No.3 and have perused the material on record.

3. Respondent No.3 was a minor aged around 17 years at the relevant point in time, when she became a victim at the hands of the petitioner–accused. It transpires that the petitioner - accused marries the respondent No.3 - victim on 17-04-2024, and the marriage is consummated when the victim is still a minor. From the wedlock, a child is born on 20-08-2025. Based on the aforesaid information, the respondent No.2 - informant lodges a complaint before the respondent No.1 - police which becomes a crime in Crime No.378 of 2025. The police after investigation, file a charge sheet against the petitioner-accused. The concerned Court after taking cognizance of the aforesaid offences, registers a case in Spl.C.(POCSO).No.194 of 2025. Therefore, the subject petition is filed seeking quashment of the proceedings, on the score that, if further proceedings are continued, it would prejudice their married life.

4. The issue now would be, whether on account of marriage, the proceedings against the petitioner-accused could be quashed or otherwise. This issue need not detain this Court for long or delve deep into the matter. The Apex Court in the case of MAHESH MUKUND PATEL v. STATE OF U.P. AND OTHERS ¹ has held as follows:

"5. On the last date, we had directed learned counsel appearing for the State to get the marriage certificate relied upon by the parties duly verified. Accordingly, an affidavit has been filed by Dr. Atul Tripathi, ACP, Sarnath in which it is stated that the marriage certificate has been verified and it is found to be genuine and in fact a true copy thereof has been produced along with the affidavit. 6. Our attention is invited to the affidavit filed by the third respondent in which