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. 279 OF 2026 BETWEEN:

1. MR. M.D.ABDULLA S/O HAFEEZ BURSHAD @

MD KHURSHID AGED ABOUT 25 YEARS RESIDENT OF LAKKURU VILLAGE MALUR TALUK, KOLAR, KARNATAKA PERMANENT RESIDENT OF ARARIA DISTRICT, BIHAR STATE – 854 311.

2. MR. SHAMSHUDDIN S/O ABDULLA KAPHUR AGED ABOUT 40 YEARS RESIDENT OF LAKKURU VILLAGE Digitally signed MALUR TALUK, KOLAR DISTRICT by SANJEEVINI J KARISHETTY KARNATAKA – 563 160.

Location: Hi gh Court of Karnataka 3. MRS. NASEERA PARVEEN W/O SHAMSHUDDIN AGED ABOUT 43 YEARS RESIDENT OF LAKKURU VILLAGE MALUR TALUK, KOLAR DISTRICT KARNATAKA – 563 160.

4. MR. HAFEEZ BURSHAD @ MD KHURSHID S/O BADIUJJAMA (LATE), AGED ABOUT 86 YEARS RESIDENT OF LAKKURU VILLAGE MALUR TALUK, KOLAR, KARNATAKA.

5. MRS. NOOR JAHA W/O HAFEEZ BURSHAD @ MD KHURSHID AGED ABOUT 71 YEARS RESIDENT OF LAKKURU VILLAGE MALUR TALUK, KOLAR, KARNATAKA PERMANENT RESIDENT OF ARARIA DISTRICT, BIHAR STATE – 854 311.

…PETITIONERS (BY SMT. NIVEDITHA PRAKASH, ADVOCATE)

AND:

1. STATE OF KARNATAKA REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001.

2. MRS. SURAIAH BHANU W/O MR. ABDULLA M.D., AGED ABOUT 19 YEARS RESIDENT OF LAKKURU VILLAGE NEAR CHIKKA THIRUPATHI MALUR TALUK, KOLAR KARNATAKA - 563 160.

…RESPONDENTS (BY SMT. SOWMYA R., HCGP FOR R1;

SRI MIR ZEESHAN ALI, ADVOCATE FOR R2)

THIS CRL.P IS FILED U/S 528 BNSS PRAYING TO QUASH THE FIR DATED 26.04.2025 TAKING COGNIZANCE OF THE OFFENCE AGAINST THE PETITIONERS FOR THE OFFENCES P/U/S. 64 OF THE BNS, SEC.5(L), 6 POCSO ACT 2012, U/S. 9, 10 PROHIBITION OF CHILD MARRIAGE ACT, 2006 AT ANNEXURE -B AND CHARGE SHEET NO.39/2025 DTD 20.06.2025 AT ANNEXURE-D, PENDING BEFORE THE ADDL. DISTRICT AND SESSIOSN JUDGE FTSC-1 (POCSO) SPECIAL COURT, KOLAR AT ANNEXURE-D.

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

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

Petitioners – accused Nos.1 to 5 are before this Court calling in question proceedings in C.C.No.39/2025, pending before the Additional District and Sessions Judge, FTSC-I (POCSO) Spe., Kolar, for the offences punishable under Section 64 of the BNS, Sections 5(l) and 6 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 No.1 and respondent No.2 - victim are married.

2. Heard Smt. Niveditha Prakash, learned counsel for petitioners, Smt. Sowmya R., learned High Court Government Pleader for respondent No.1 and Sri M.R.Zeeshan Ali, learned counsel for respondent No.2.

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

A crime comes to be registered against petitioner No.1, the husband of respondent No.2 and their family members in Crime No.34/2025, for the offences punishable under Section 64 of the BNS, Sections 5(l) and 6 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, respondent No.2 - victim was a minor, 17½ old. The family members of the couple have got married petitioner No.1 and respondent No.2 on 24.05.2024. It transpires that the crime is registered on the score that respondent No.2 gets admitted to the hospital for delivery when she was below 18 years.

4. On the aforesaid facts, the petitioners are before this Court seeking permission to compound the offences. The parties to the lis have filed a joint affidavit before this Court in this regard. The joint affidavit of the parties reads as follows:

“JOINT AFFIDAVIT We, 1) Mr. M.D. Abdulla, S/o Hafeez Burshad @ Md Khurshid, aged about 25 years, Resident of Lakkuru Village, Malur Taluk, Kolar District, Karnataka, Permanent Resident of Araria District, Bihar - 854311 today at Bengaluru 2) Mrs. Suraiah Bhanu, w/o Mr. Abdulla M.D, aged about 19 years, Resident of Lakkuru Village, Near Chikka Thirupathi, Mal