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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 1605 OF 2026 BETWEEN:

1. SRI MANJUNATHA N., AGED ABOUT 31 YEARS, S/O NARAYANASWAMY

2. SRI NARAYANASWAMY, AGED ABOUT 58 YEARS, S/O LATE MARIYAPPA

3. SMT. GAYATHRAMMA @ GAYATHRI, AGED ABOUT 61 YEARS, W/O NARAYANASWAMY D by ig S it A a N lly JE s E ig V n I e N d I SL.NO.1 TO 3 ARE J KARISHETTY RESIDING AT NO. 63, L C o o c u a r t t i o o n f : Hi gh SHARAB MUNISHAMAPPA LAYOUT, Karnataka HOSAKOTE, BENGALURU RURAL DISTRICT KARNATAKA – 562 114.

4. SRI MANJUNATHA.B.S, AGED ABOUT 47 YEARS, S/O LATE B.T. SRINIVAS

5. SMT. MANJULA, AGED ABOUT 47 YEARS, W/O MANJUNATHA.B.S SL.NO.4 TO 5 ARE RESIDING AT NO. 27, BULLAHALLI VILLAGE, HAROHALLI POST, VIJAYAPURA HOBLI, DEVANAHALLI TALUK, BENGALURU DISTRICT KARNATAKA – 562 135.

…PETITIONERS (BY SRI SADAKATH U.,ADVOCATE)

AND:

THE STATE OF KARNATAKA, THROUGH CHANNARAYAPATANA POLICE STATION BENGALURU DISTRICT – 562 135.

…RESPONDENT (BY SRI B N JAGADEESHA, ADDL. SPP)

THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ALL PROCEEDINGS (I.E., COMPLAINT, FIR CHARGE SHEET FURTHER PROCEEDINGS) IN C.C.N O.4782/2022 BEFORE ACJ AND JMFC DEVANAHALLI IN CRIME NO.61/2022 CHANNARAYAPATNA POLICE STATION DEVANAHALLI TALUK, SO FAR AS THE PETITIONERS HEREIN ARE CONCERNED FOR THE ALLEGED OFFENCES P/U/S 9, 10 AND 11 OF THE PROHIBITION OF CHILD MARRIAGE ACT 2026.

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

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

The petitioners/accused Nos. 1 to 5 are before the Court calling in question the proceedings in C.C.No.4782 of 2022 pending before the Additional Civil Judge and JMFC, Devanahalli arising out of crime in Crime No.61 of 2021 registered for offences punishable under Sections 9, 10 and 11 of the Prohibition of Child Marriage Act, 2006 (‘the Act’ for short). 2. Heard Sri U. Sadakath, learned counsel appearing for the petitioners and Sri B. N. Jagadeesha, learned Additional State Public Prosecutor appearing for the respondent.

3. Facts in brief, germane, are as follows: -

The petitioners are accused 1 to 5 and complainant is the State. It is a suo motu complaint by the State through the Child Development Project Officer, Devanahalli Taluk on 09-08-2021. It is the case of the prosecution in the complaint that 1^st petitioner/accused No.1 had performed the marriage with a minor by name Rakshitha, daughter of petitioners 4 and

5/accused No.2 and 4. On the said complaint investigation is conducted, which revealed that the daughter of petitioners 4 and 5 was given in marriage to accused No.1, who was of 27 years old at the said point in time and the girl was 16 years old and today the girl is 20 years old. On the said investigation, the jurisdictional police filed a charge sheet. The concerned Court takes cognizance of the offence and registers Criminal Case No.4782 of 2022 against the petitioners. Further proceedings are in progress and the matter is at the stage of hearing before charge. At this juncture, the petitioners have approached this Court, in the subject petition, calling in question the said proceedings.

SUBMISSIONS: PETITIONERS:

4. The learned counsel appearing for the petitioners would vehemently contend that the parents of the 1^st accused and the victim are innocent. They were ignorant of law and its consequences. When COVID-19 had engulfed the globe, they wanted to get the daughter married fearing that the pandemic would take away the lives. Therefore, notwithstanding the fact that the daughter was 16 years old at the time of marriage, they got the marriage performed with accused No.1, who was 27 years old at that point in time. The learned counsel would submit that the husband and the wife are living happily, and the marriage is registered after the girl turned 18 years and there are no overt acts committed by any of the per