1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 09^TH DAY OF SEPTEMBER, 2022

BEFORE

THE HON'BLE MR. JUSTICE M. NAGAPRASANNA

CRIMINAL PETITION No.3710 OF 2022

BETWEEN:

AARUSH JAIN

AGED ABOUT 16 YEARS

S/O DEVARAJ JAIN

RESIDING AT NO.13

3^RD CROSS, 3^RD MAIN,

GANGANAGAR

BENGALURU – 560 032.

THROUGH HIS NEXT FRIEND

AND FATHER DEVARAJ JAIN M.,

S/O LATE MANOHAR LAL

AGED ABOUT 45 YEARS

RESIDING AT NO.13

3^RD CROSS, 3^RD MAIN

GANGANAGAR

BENGALURU – 560 032.

... PETITIONER

(BY SRI PRATEEK CHANDRAMOULI A/W

SMT.VIDYASHREE K.S., ADVOCATE)

AND:

1.

STATE OF KARNATAKA

THROUGH RT NAGAR PS

R.T.NAGAR – 560 032

REPRESENTED BY THE SPP OFFICE

HIGH COURT OF KARNATAKA

2

BENGALURU – 560 001.

2.

SRI MAHADEVAPPA

S/O SANNAMADAIAH

AGED ABOUT 49 YEARS

R/AT NO.1323, MANJUNATHA LAYOUT

R.T.NAGAR, BENGALURU – 560 032.

... RESPONDENTS

(BY SMT.K.P.YASHODHA, HCGP FOR R1;

SRI M.MAHENDRA, ADVOCATE))

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF

CR.P.C., PRAYING TO QUASH THE REGISTRATION OF CRIME IN FIR

NO.259/2021 REGISTERED BY THE RESPONDENT NO.1 POLICE

PENDING ON THE FILE OF THE 32^nd ACMM, NRUPATUNGA ROAD,

BANGLAORE

(NOW

BEFORE

THE

J.J

BOARD,

BANGALORE)

BANGALORE FOR THE OFFENCE P/U/S 363 OF IPC.

THIS CRIMINAL PETITION HAVING BEEN HEARD AND

RESERVED FOR ORDERS ON 17.06.2022, COMING ON FOR

PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:-

ORDER

Parties to the lis have knocked the doors of this Court in the

subject petition seeking annulment of proceedings against the

petitioner, a boy of 16 years at the time of the incident who has

embroiled himself into the web of the provisions of the offences

punishable under the Protection of Children from Sexual Offences

Act, 2012 (‘POCSO Act’ for short). The annulment is sought on

account of a settlement arrived at between them.

3

2. Shorn of details, facts necessary are as follows:

The petitioner, a boy of 16 years at the time of the incident in

First Pre-University grade in the discipline of Commerce gets

acquainted with a co-student. Both of them come to be in love or

claim to be in love. On 22-11-2021, a compliant is registered

before the jurisdictional Police by the present complainant that his

minor daughter one ***** did not return home after going to the

College. On registration of the complaint, the Police filed a case

under Section 363 of the IPC for kidnapping against unknown

persons.

The

petitioner’s

father

also

had

approached

the

jurisdictional police and registered a complaint that his son also did

not come back home from the College which also was registered in

Crime No.260 of 2021 for offence punishable under Section 363 of

the IPC. Both the complaints were registered as FIRs 259 of 2021

and 260 of 2021.

3. The present case concerns FIR in Crime No.259 of 2021.

The complainant’s daughter is the one alleged to have been

kidnapped

in

Crime

No.259

of

2021.

The

Police

Officers

investigating along with a family member of a minor boy and father

4

of the minor girl found the couple at Chickmagalur and got them

back to Bangalore. After bringing the couple back, the Police

produced the minor boy before the learned Magistrate and sought

remand of the boy to their custody for a period of 7 days. A

preliminary report was submitted by adding offences under Section

376 of the IPC and Sections 5 and 6 of the Protection of Children

from Sexual Offences Act, 2012 (‘POCSO’ for short) along with

Section 363 of the IPC. The Court, on perusing the preliminary

report, remanded the boy to 3 days in custody. The charge sheet is

yet to be filed in the matter.

4. On filing the preliminary report and continuation of

investigation, it appears, that the family members of both the

children who were aged 16 years at the time when the incident

happened, sat together, settled the issue among themselves and

reconciled their differences. After arriving at such settlement, the