THIS CRL.P. IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN SPL.C 106/2023 PENDING ON THE FILE OF THE LEARNED ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-I CHIKKABALLAPURA FOR THE OFFENCES P/U/S 344, 363 AND 376(2)(n) OF THE IPC SECTION 6, 11 AND 12 OF THE POCSO ACT AND SECTION 9 AND 10 OF THE PROHIBITION OF CHILD MARRIAGE ACT.

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

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

1. The petitioner-accused is before the Court seeking quashment of the proceedings in Spl.C.No.106/2023 registered for the offences punishable under Sections 344, 363 and 376(2)(n) of the Indian Penal Code and Sections 6, 11 and 12 of the Protection of Children from Sexual Offences Act, 2012, on the ground that the victim and the accused have got married.

2. Heard Sri.Abhay R.S., learned counsel appearing for the petitioner, Sri.B.N.Jagadeesha, learned Addl. SPP appearing for respondent No.1, Sri.Manjunatha Y, learned counsel appearing for respondent No.2 and have perused the material on record.

3. Respondent No.2 was a minor, aged around 17 years at the relevant point in time, when she became a victim at the hands of the petitioner–accused. Based on the aforesaid information, the respondent No.2-informant lodges a complaint before the respondent No.1-police which becomes a crime in Crime No.102/2023. The police after investigation, file a charge sheet against the petitioner-accused. The concerned Court after taking cognizance of the aforesaid offences, registers a case in Spl.C.No.106/2023. Therefore, the subject petition is filed seeking quashment of the proceedings, on the score that, if further proceedings are continued, it would prejudice their married life.

4. It transpires that the petitioner-accused marries the respondent No.2-victim on 18-04-2024, and the marriage is consummated when the victim is still a minor and the petition appends to it a certificate of registration of marriage which depicts that the marriage has been registered on 30.04.2024.

5. The issue now would be, whether on account of marriage, the proceedings against the petitioner-accused could be quashed or otherwise. This issue need not detain this Court for long or delve deep into the matter. The Apex Court in the case of MAHESH MUKUND PATEL v. STATE OF U.P. AND OTHERS¹[2025 SCC Online SC 614] 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 by Dr. Atul Tripathi, ACP, Sarnath in which it is stated that the marriage certificate has been verified and it is found to be genuine and in fact a true copy thereof has been produced along with the affidavit.

6. Our attention is invited to the affidavit filed by the third respondent in which she has accepted the fact that she is happily married to the appellant and they have been residing together. She has disclosed her date of birth as 20th July, 1998. In the record of the Primary School, as can be seen from document at Annexure ‘P-1’, the date of birth of the third respondent is shown as 20th July, 1998. Ossification test was conducted during the investigation. The report of the test is that on the date of commission of the offence, the age of the third respondent may be between 17½ years to 19 years. There are documents on record to show that the date of birth of the third respondent was 20th July, 1998. Therefore, when the offence was allegedly committed in September, 2016 she was already a major.

7. Now that the appellant and third respondent are happily married, no purpose will be served by continuing the prosecution as it will cause undue harassment to the appellant, the third respondent and their children.

8. Coming to the impugned order, we find that the marriage certificate was placed on record before the High Court. In fact,