THE HIGH COURT OF KARNATAKA
S VISHWAJITH SHETTY
SRI MUNENDRA – Appellant
Versus
STATE OF KARNATAKA – Respondent
CRL.P 16959/2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 16959 OF 2025 BETWEEN:
1. SRI MUNENDRA S/O GANGARAJU AGED ABOUT 23 YEARS R/A MANCHANABALE VILLAGE, CHIKKABALLAPUR TALUK, CHIKKABALLAPUR DISTRICT - 562 101 …PETITIONER (BY SRI. DEVENDRA N., ADVOCATE)
AND:
1. STATE OF KARNATAKA BY ALL WOMEN POLICE STATION, CHIKKABALLAPUR REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA Digitally signed by BENGALURU - 560 001 NANDINI M S Location:
HIGH COURT 2. SRI DYAVAPPA G.D.
OF KARNATAKA S/O LATE DODDAMUNILAKKAPPA AGED ABOUT 59 YEARS R/A GANGANAMIDDHE WARD NO 7 CHIKKABALLAPUR CITY CHIKKABALLAPUR DISTRICT - 562 101 …RESPONDENTS (BY SRI. SRI. CHANNAPPA ERAPPA, HCGP FOR R1/STATE;
SRI. ABHILASH KUMAR M.N., ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S 482 OF CR.P.C. (FILED U/S
528 BNNS) PRAYING TO QUASH THE FIR IN CR.NO.55/2022 LATER REGISTERED AS SPL.S.C.NO.99/2022 ON THE FILE OF ADDL.DISTRICT AND SESSIONS JUDGE AND FTSC-1 (POCSO) CHIKKABALLAPURA FOR THE OFFENCE P/U/S 363,343,376(2)(n) OF IPC AND SEC.6 OF POCSO ACT 2012 AND SEC. 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 S VISHWAJITH SHETTY
ORAL ORDER
Accused is before this Court in this petition filed under Section 482 of Cr.P.C., with a prayer to quash the entire proceedings in Spl. SC No. 99/2022, pending on the file of the Addl. District & Sessions Judge, FTSC- I, Chikkaballapura arising out of Crime No.55/2022 registered by Chikkaballapur Women Police Station, Chikaballapura for the offences punishable under Sections 363, 343, 376(2)(n) of IPC, Section 9 of Prohibition of Child Marriage Act, 2006 and Section 6 of POCSO Act, 2012.
2. Heard learned counsel for the parties.
3. FIR in Crime No.55/2022 was registered by Chikkaballpura Women Police Station, Chikkaballapura, initially for offence punishable under Section 363 of IPC against the petitioner herein based on first information dated 15.05.2022 received from respondent No.2 herein, who is the father of the victim girl, who was aged 17 years, 10 months and 29 days as on the date of registration of FIR. In the first information, it is mentioned that the daughter of the respondent No.2 who had gone to college on 07.05.2022 had not returned home. Efforts made to trace her had failed. Since the first informant suspected the hands of the petitioner, FIR was registered against the petitioner for offence punishable under Section 363 of IPC in Crime No.55/2022. During the course of investigation, the petitioner and the victim were traced together and brought back. After completing investigation, charge- sheet has been filed against the petitioner for the aforesaid offences and he is now being tried for the charge sheeted offences before the jurisdictional Special Court in Spl. SC No.99/ 2022.
4. Learned counsels for the parties jointly submit that the dispute between the parties has been amicably settled. The victim girl and the petitioner are married and the victim girl has given birth to a male child during the pendency of the case on 28.03.2024. They submit that pendency of the case has been causing hardship to the parties as well as their relatives, to lead a normal family life. The petitioner who is the sole breadwinner of the family is now taken to the custody for the reason that he had not appeared before the trial Court on the date of hearing. They submit that the dispute between the parties has been settled by the intervention of elders and well-wishers of both the parties and there is no coercion and undue influence on any party for settling the dispute. They also submit that parties intend to give a quietus to their interse dispute and live peacefully in future.
5. Learned counsels for the parties have also filed affidavit of the victim girl, her father and the affidavit of the mother of the petitioner. In the af
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