IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 12664 OF 2025 BETWEEN:

1. SRI ASHOKA S/O. ASHWATHNARAYANAPPA AGED ABOUT 31 YEARS.

2. SRI. ASHWATHNARAYANA S/O. LATE GANGAPPA AGED ABOUT 55 YEARS.

3. SMT. RANGAMMA W/O. ASHWATHNARAYANAPPA AGED ABOUT 49 YEARS.

4. SMT. RAMANJINAMMA W/O. G. SREERAMAPPA AGED ABOUT 48 YEARS.

Digitally signed by SANJEEVINI 5. SRI. SREERAMAPPA J KARISHETTY @ JALAUNDA SREERAMAPPA Location: H igh Court of S/O. CHINNA MUTHAPPA Karnataka AGED ABOUT 56 YEARS THE PETITIONER NO. 4 & 5 ARE R/AT PAIPALLI VILLAGE D. PALYA HOBLI, GOWRIBIDANUR TALUK CHIKKABALLAPURA DISTRICT-561 206.

AND ALSO R/AT NO. 6-22, OBULAPURAM CHOLASAMUDRAM ANANTAPUR DISTRICT ANDHRA PRADESH-515 331.

…PETITIONERS (BY SRI. MANJUNATHA A C., ADVOCATE)

AND:

1. THE STATE OF KARNATAKA BY BY GOWRIBIDANUR RURAL POLICE STATION CHIKKABALLAPURA REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001.

2. XXXXXX (VICTIM)

XXXXXX XXXXXX …RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1;

SRI. SRINATHA B V, ADVOCATE FOR R2)

THIS CRL.P IS FILED U/S 482 OF THE CODE OF CRIMINAL PROCEDURE READ WITH SECTION 528 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 PRAYING THAT TO QUASH THE ENTIRE PROCEEDINGS ON THE FILE OF THE LEARNED IV ADDL., DISTRICT AND SESSIONS JUDGE, FTSC-I [POCSO], AT CHIKKABALLAPURA, IN SPL. S.C. NO. 48/2024 (IN CRIME NO.270/2023) FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 376 (2)(n) OF THE INDIAN PENAL CODE AND UNDER SECTION 5(J)(II) OF THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT 2012 AND UNDER SECTION 9, 10, 11 OF THE PROHIBITION OF CHILD MARRIAGE ACT, 2006 AGAINST THE PETITIONER VIDE 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

Petitioners – accused Nos.1 to 5 are before this Court calling in question proceedings in Spl.S.C.No.48/2024, pending before the IV Additional District and Sessions Judge, FTSC-I (POCSO), Chikkaballapura, for the offences punishable under Sections 376(2)(n) of the IPC, Sections 5(j)(ii) of the Protection of Children from Sexual Offences Act, 2012 and Sections 9, 10 and 11 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 Sri Manjunath A.C., learned counsel for petitioners, Sri Vinay Mahadevaiah, learned High Court Government Pleader for respondent No.1 and Sri Srinatha B.V., learned counsel for respondent No.2.

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

A crime comes to be registered against the petitioners in Crime No.270/2023, for the offences under Sections 376(2)(n) of the IPC, Sections 5(j)(ii) of the Protection of Children from Sexual Offences Act, 2012 and Sections 9, 10 and 11 of the Prohibition of Child Marriage Act, 2006, by a doctor who treated the victim, who had visited the hospital on some health issues. At the relevant point in time, respondent No.2 - victim was 16 ½ years. The petitioner and respondent No.2 though married, registered their marriage on 22.07.2025. The crime comes come to be registered only on the fact that the victim was conceived when she was less than 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 an application – I.A.No.1/2025 under Section 320(2) of the Cr.P.C. r/w. Section 359 of the BNSS, 2023 and an affidavit of respondent No.2 before this Court in this regard.

5. In the light of the fact that the marriage between the petitioner and respondent No.2 has already taken place and the parties have filed the application seeking permission to compound the offences, I deem it appropriate to accept the application and the affidavit and obliterate the crime registered against the petitioners only insofar as the offences under Sections 376(2)(n) of the IPC and Sections 5(j)(i