Criminal proceedings under POCSO and IPC may be quashed under Section 482 Cr.P.C. if the parties have entered into a genuine settlement culminating in marriage, to prevent the ruin of a family and avoid abuse of process.

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NC: 2026:KHC:14076

CRL.P No. 16389 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 5^TH DAY OF MARCH, 2026

BEFORE

THE HON'BLE MR. JUSTICE M.NAGAPRASANNA

CRIMINAL PETITION NO. 16389 OF 2025

BETWEEN:

SRI NAVEEN Y. N.,

S/O LATE NARASIMHAPPA

AGED ABOUT 22 YEARS

R/AT YALLAMPALLI VILLAGE

KASABA HOBLI, BAGEPALLI TALUK

CHIKKABALLAPUR DISTRICT - 561 207.

…PETITIONER

(BY SRI DEVENDRA N., ADVOCATE)

AND:

Digitally signed by

1. STATE OF KARNATAKA

SANJEEVINI J

KARISHETTY BY BAGEPALLI POLICE STATION

Location: High

CHIKKABALLAPUR

Court of Karnataka

REPRESENTED BY

STATE PUBLIC PROSECUTOR

HIGH COURT OF KARNATAKA

BENGALURU - 560 001.

2. SMT. ADEMMA

W/O VENKATARAVANAPPA

AGED ABOUT 45 YEARS

R/AT BANDOLLAPALLI VILLAGE

JOOLAPALYA

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NC: 2026:KHC:14076

CRL.P No. 16389 of 2025

HC-KAR

CHIKKABALLAPUR DISTRICT - 561 207.

…RESPONDENTS

(BY SRI B.N.JAGADEESHA, ADDL. SPP A/W.,

SMT. SOWMYA R., HCGP FOR R1;

SRI SRINATH B. V., ADVOCATE FOR R2)

THIS CRL.P IS FILED U/S 482 CR.P.C PRAYING TO QUASH

THE FIR IN CRIME NO.0053/2023 LATER REGISTERED AS

SPL.SC NO.80/2023 ON THE FILE OF THE ADDL.DISTRICT AND

SESSIONS JUDGE AND FTSC - 1 (POCSO) CHIKKABALLAPUR

FOR THE OFFENCES P/U/S 363, 376 (2)(n) OF IPC AND

SECTION 6, 5(n), 11, 12 OF PROTECTION OF CHILDREN FROM

SEXUAL OFFENCES ACT, 2012 AND SECTIONS 9 AND 10 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 M.NAGAPRASANNA

ORAL ORDER

Petitioner, the sole accused is before this Court calling in

question proceedings in Spl.SC.No.80/2023, pending before the

Additional District and Sessions Judge and FTSC-I (POCSO),

Chikkaballapur, for the offences punishable under Sections 363,

376(2)(n) of the IPC; Sections 5(n), 6, 11 and 12 of the

Protection of Children from Sexual Offences Act, 2012 and

Sections 9 and 10 of the Prohibition of Child Marriage Act,

2006, on the score that the petitioner – accused and the

daughter of respondent No.2 are married.

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NC: 2026:KHC:14076

CRL.P No. 16389 of 2025

HC-KAR

2. Heard Sri Devendra N., learned counsel for petitioner,

Sri B.N.Jagadeesha, learned Additional State Public Prosecutor

and Sri Srinath B.V., learned counsel for respondent No.2.

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

On 02.03.2023, a crime comes to be registered against

the petitioner in Crime No.53/2023, for the offences under

Sections 363, 376(2)(n) of the IPC; Sections 5(n), 6, 11 and 12

of the Protection of Children from Sexual Offences Act, 2012

and Sections 9 and 10 of the Prohibition of Child Marriage Act,

2006. At the relevant point in time, the daughter of

respondent No.2 - victim was 17 years. Later, it transpires that

the petitioner and the daughter of respondent No.2 get married

on 08.08.2025 and the same is registered before the Registrar

of Marriages, Bagepalli. The couple as on today, have two

children.

4. On the aforesaid facts, the petitioner is before this

Court seeking permission to compound the offences. The

petitioner, the daughter of respondent No.2 and respondent

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NC: 2026:KHC:14076

CRL.P No. 16389 of 2025

HC-KAR

No.2 have filed separate affidavits seeking permission to

compound the offences before this Court.

5. In the light of the fact that the marriage between the

petitioner and daughter of respondent No.2 has already taken

place and the petitioner, daughter of respondent No.2 and

respondent No.2 have filed their affidavits seeking permission

to compound the offences, I deem it appropriate to accept the

same and obliterate the crime / quash the proceedings pending

against the petitioner.

6. The Apex Court in the case of MAHESH MUKUND

1

PATEL v. STATE OF U.P. AND OTHERS 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