Full Judgment
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO.13466 OF 2025 BETWEEN: ANANDAPPA, S/O PEDDA THOLASE NAIKA, AGED ABOUT 30 YEARS, R/AT MAKKIREDDYPALLI VILLAGE, KASABA HOBLI, BAGEPALLI TALUK, CHIKKABALLAPUR - 562 101. …PETITIONER (BY SRI. ABHAY R.S., ADVOCATE) AND:
1. STATE OF KARNATAKA, BY BAGEPALLI POLICE STATION, Digitally
signed by REPRESENTED BY SANJEEVINI J STATE PUBLIC PROSECUTOR, KARISHETTY HIGH COURT OF KARNATAKA BUILDING,Location: High Court of AMBEDKAR VEEDHI - 560 001. Karnataka
2. XXXXX REPRESENTED BY HER NATURAL GUARDIAN, KRISHNA NAIK, S/O GOLE NAIK, AGED ABOUT 44 YEARS, R/AT MAKKIREDDYPALLI, -2-
THANDA VILLAGE, BAGEPALLI TALUK, CHIKKABALLAPUR DISTRICT - 562 101. …RESPONDENTS (BY SRI.B.N.JAGADEESHA, ADDL. S.P.P., FOR R1; SRI.MANJUNATHA Y., ADVOCATE FOR R2) 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
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, -3- 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-
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 OTHERS 1 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
[2025 SCC Online SC 614] -5-
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, no objection by the first informant is also recorded in the impugned order. Surprisingly, the High Court instead of entertaining the petition for quashing on the ground of settlement, has observed that the application for dropping criminal proceedings on the basis compromise may be moved before the Trial Court. The High Court completely lost sight of the fact that the Trial Court could not have recorded the settlement and in fact, this was a fit case for the High Court to have exercised its jurisdiction under Section 482 of the Cr. P.C. by quashing the proceedings. Unnecessarily, the parties have been forced to come to this Court.
9. The impugned order is set aside. FIR No. 567 of
2016 registered with Cholapur Police Station, District Varanasi and proceedings of the Sessions Trial No. 1332 of 2021 pending before the Special Judge, POCSO Act, Varanasi are hereby quashed." (Emphasis supplied) The Apex Court in the aforesaid case observes that, continuation of the criminal proceedings would lead to undue -6- harassment of the accused and victim who are happily married and also to their children.
6. The parties to the lis have filed affidavits before this Court seeking quashment of the petition. The affidavit of the petitioner reads as follows:
“I, Anandappa, S/o Pedda Tholase Naika, aged about 31 years, residing at Makkireddypalli Village, Kasaba, Hobli, Bagepalli Taluk, Chikkaballapur District, now at Bangalore, do hereby solemnly affirm and state as follows:
1. I am the petitioner in the above proceedings and am well acquainted with the facts of the case. Hence, I am competent to swear to this affidavit.
2. I submit that criminal proceedings are pending
against me in Spl. C. No.106/2023 on the file of the Learned Additional District and Sessions Judge, FTSC-1, Chikkaballapura, for the offences alleged under Sections 344, 363 and 376(2)(n) of the Indian Penal Code, Sections 6, 11 and 12 of the Protection of Children from Sexual Offences Act, 2012 and Sections 9 and 10 of the Prohibition of Child Marriage Act.
3. I submit that I have married Sneha, D/o Krishnenaika, on 18.04.2024 and our marriage has been duly registered on 30.04.2024 under Registration No. BGP-HM00006-2024-25.
4. I submit that ever since our marriage, we have been residing together as husband and wife and are leading a peaceful and harmonious matrimonial life. -7-
5. I further submit that both of us have voluntarily decided to continue our marital relationship and to live together in peace, harmony and mutual affection.
6. I state that my wife has no grievance or complaint against me and has voluntarily expressed her desire not to pursue the criminal proceedings pending against me.
7. I state that the continuation of the criminal proceedings would seriously prejudice our matrimonial life and would adversely affect our future and family life.
Therefore It is respectfully prayed that this Hon'ble Court may be pleased to take this affidavit on record while considering the petition filed under Section 482 of the Code of Criminal Procedure and pass appropriate orders in the interests of justice.”
7. The affidavit of the 2nd respondent reads as follows:
"I, Sneha, D/o Krishnenaika, aged about 20 years, residing at Makkireddypalli, Thanda Village, Bagepalli Taluk, Chikkaballapur District - 561207 and now come to B'luru do hereby solemnly affirm and state as follows:
1. I am the deponent herein and I am well acquainted with the facts and circumstances of the case. Hence, I am competent to swear to this affidavit.
2. I submit that a criminal case came to be registered
against my husband, namely Anandappa, S/o Pedda Tholase Naika, aged about 30 years, resident of Makkireddypalli Village, Kasaba Hobli, Bagepalli Taluk, Chikkaballapur District, for the offences punishable under Sections 344, 363 and 376(2)(n) of the Indian Penal Code, Sections 6, 11 and 12 of the Protection of Children from Sexual Offences Act, 2012 and Sections 9 and 10 of the Prohibition of Child Marriage Act, which is presently pending in Spl. C. No.106/2023 on the file of the Learned Additional District and Sessions Judge, FTSC-1, Chikkaballapura. -8-
3. I submit that the petitioner/accused and I were acquainted with each other for several years and were in a relationship of our own free will and volition.
4. I submit that subsequent to the registration of the
above case, I have voluntarily married the petitioner/accused Anandappa on 18.04.2024 and our marriage has been duly registered on 30.04.2024 before the competent authority under Registration No. BGP- HM00006-2024-25.
5. I further submits that for the last two years I have
been residing together with my husband Anandappa and we are leading a peaceful and happy marital life. We are living as husband and wife and intend to continue our matrimonial relationship in harmony and mutual affection.
6. I submit that I have no grievance, claim or complaint whatsoever against my husband. The disputes and misunderstandings, if any, between us have been amicably resolved.
7. I further state that I do not wish to prosecute the
criminal proceedings pending against my husband in Spl.C.No.106/2023 and I have no objection whatsoever if the Hon'ble High Court of Karnataka is pleased to quash the proceedings pending against him.
8. I state that this affidavit is executed voluntarily, without any force, coercion, undue influence or pressure from any person and out of my own free will."
8. In the light of the judgment of the Apex Court and
the marriage of the accused with the victim on 18.04.2024, I deem it appropriate to obliterate the proceedings with a rider that in the event, the petitioner would leave the lady in lurch, the proceedings in Spl.C.No.106/2023 would get revived. -9-
9. For the aforesaid reasons, the following:
ORDER
(i) The criminal petition is disposed.
(ii) The proceedings in Spl.C.No.106/2023 pending on the file of the Addl. District and Sessions Judge, FTSC-I Chikkaballapura, stand quashed qua the petitioner-accused.
(iii) It is made clear that in the event the petitioner-
accused would leave the victim in the lurch later, the impugned proceedings would spring back by its revival. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 41