Crl.P.No.201261/2020

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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 25^TH DAY OF FEBRUARY, 2021

BEFORE

THE HON’BLE MR. JUSTICE S. VISHWAJITH SHETTY

CRIMINAL PETITION No.201261/2020

BETWEEN:

1.

Sri Shrishail @ Puttu

S/o. Basavaraj Badagandi

Age: 24 years, Occ: Agri./Coolie

R/o. Malagan, Now residing at

Bhaga Ngar, Tq: Basavana Bagewadi

Dist: Vijaypur

2.

Smt. Bhagirathi

W/o. Shrishail Badagandi

Age: 21 years,k Occ: Household work

R/o. Malagan, Now residing at

Bhaga Nagar, Tq: Basavana Bagewadi

Dist: Vijaypur

… Petitioners

(By Sri S. S. Mamadapur, Advocate)

AND:

1.

The State of Karnataka

Through Kolar Police Station,

Represented by Addl. SPP

High Court of Karnataka

At Kalaburagi Bench

2.

Sri PUndalik S/o. Sangappa Biradar

Age: 28 years, Occ: Business

R/o.Bhaga Nagar, Tq: Basavana Bagewadi

Crl.P.No.201261/2020

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Dist: Vijayapur

… Respondents

(By Sri Gururaj V. Hasilkar, HCGP for R1;

Sri Chaitanyakuamr C. M., for R2)

This Criminal Petition is filed under Section 482 of

Cr.P.C. praying to quash/set aside the criminal proceedings in

Special Case POCSO No.35/2016 arising out of Kolhar P.S.

Crime No.67/2016 pending on the file of the II Addl. Sessions

Judge/Special Judge, Vijaypur, for the offences punishable

under Section 366, 376(N), 354, 344 of IPC and Sections 4, 5(L)

and 6 POCSO Act, in the interest of justice and equity.

This petition coming on for Admission this day, the Court

made the following:

O R D E R

Heard the learned counsel for the petitioners and the

learned High Court Government Pleader for respondent

No.1.

2.

The petitioners in this case are the accused

and the victim in Crime No.67/2016 registered by Kolhar

police station, Vijayapur for the offences punishable under

Sections 366, 376(n), 354, 344 of IPC and Sections 4, 5(L)

read with Section 6 of POCSO Act.

Crl.P.No.201261/2020

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3.

Both the petitioners in this case are now

majors.

The

second

respondent

is

the

de-facto

complainant in the case. The petitioners have contended

in this petition that they are now married and living happy

married life. .

4.

The learned counsel for the petitioners submits

that since the petitioners are now married and they are

living together with their children, continuation of further

proceedings in the criminal case pending before the trial

Court would be a futile exercise. Pendency of the case has

been causing unnecessary hardship to the petitioners and

they are no more interested in continuing the said

proceedings.

He

also

submits

that

in

identical

circumstances, this Court in the case of VijayaKumar vs.

State by Madanayakanahally P.S. and Another

reported in 2020 (3) KCCR 2419 and in the case of Sri

Nagaraja @ Raja vs. State of Karnataka by Peenya

Police, Bengaluru reported in 2017 (2) KCCR 1315 has

Crl.P.No.201261/2020

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quashed the criminal proceedings and therefore, he prays

to allow the petition.

5.

The learned High Court Government Pleader in

his usual fairness does not seriously oppose the petition.

6.

This Court in the case of Vijaya Kumar

(Supra) after considering the judgments of the Hon'ble

Supreme Court in the case of Gian Singh vs. State of

Punjab and Another reported in (2012) 10 SCC 303 and in

the case of Srinivasan Iyenger vs. Bimla Devi Agarwal

reported in (2019) 4 SCC 456, at paragraph No.7 and 8

has observed as follows:

"7.

Be that as it may. Even if the trial

is held, the complainant herself has filed a

joint memo for having amicably settled the

dispute and she will not support the case of

the prosecution and the trial held will be

nothing but a futile exercise and waster of

judicial time. The alleged offences are not

punishable with death or imprisonment for

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life and the complainant and the accused are

intending to joint their hands and compound

the offence and no bodily in jury has als