Criminal Petition No. 9726 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:4887 CRL.P No. 9726 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 9726 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. SRI SHAKEER S/O SRI BHARA IMAM SAB, AGED ABOUT 27 YEARS, R/AT NAREMADDEPALLI 2. SMT. HASEENA W/O SRI BABAJAN, AGED ABOUT 38 YEARS, BOTH ARE R/AT NAREMADDEPALLI VILALGE, BAGEPALLI TALUK, CHIKKABALLAPURA DISTRICT 561207 (BY SRI. A.C.MANJUNATHA, ADVOCATE) AND: …PETITIONERS Digitally signed by LEELAVATHI S R Location: High Court of Karnataka 1. STATE BY PATAPALYA POLICE STATION,
Legal Reasoning
BAGEPALLI, CHIKKABALLAPURA DISTRICT 5612012 REP. BY SPP, HIGH COURT BUILDING, BENGALURU 560001
Legal Reasoning
2. SRI JAYARAM S/O PEDDA NARAYANAPPA, AGED ABOUT 41 YEARS, R/AT NAREMADDEPALLI VILLAGE, BAGEPALLI TALUK, CHIKKAVBALLAPURA TALUK AND DISTRICT 561207 (BY SRI. THEJESH P., HCGP FOR R1 SRI SHEKARAPPA, ADV. FOR R2) …RESPONDENTS - 2 - NC: 2025:KHC:4887 CRL.P No. 9726 of 2024 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN SPL.S.C.NO.70/2021, ON THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE (FTSC-1) AT CHIKKABALLAPURA FOR THE OFFENCE P/U/S 363, 376(2)(n) OF IPC AND SECTION 4, 6 AND 17 OF POCSO ACT AND ETC THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner has sought for the following reliefs:- “i) Call for records in Spl.S.C.No.70/2021 on the file of the Additional District and Sessions Judge (FTSC – 1) at Chikkaballapura; ii) Quash the entire proceedings in Spl.S.C.No.70/2021 on the file of Additional District and Sessions Judge (FTSC-1) at Chikkaballapura for the offences punishable under Section 363, 376(2)(n) of IPC and Section 4, 6 and 17 of POCSO act; iii) Allow this petition with costs; and iv) Grant such other reliefs as this Hon’ble Court deems fit to grant in the circumstances of the case.” 2. Learned counsel for the petitioners – accused Nos.1 and 2 and learned counsel for 2nd respondent – complainant have - 3 - NC: 2025:KHC:4887 CRL.P No. 9726 of 2024 filed separate affidavits duly signed by the petitioner, 2nd respondent and their respective counsel and the same is taken on record. 3. Petitioners – accused Nos.1 and 2 and their counsel and counsel for respondent No.2 are physically present before the Court and they admit the contents of the affidavits, which reads as under:- Affidavit of Respondent No.2 “I Gangothri D/o. Jayaram, W/o. Shakeer, Aged about 21 years, Residing at, Naremaddepalli Village, Bagepalli Taluk, Chikkaballapura District – 561 207, Now at Bengaluru, do hereby state as follows:- 1. I swear that, I am the victim in the above case and I know the facts of the case, I am deposing to. 2. I swear that, on the basis of my father complaint, the 1st Respondent herein has registered a case in Crime No.29/2021 for the alleged offences punishable Under Section 363 of the Indian Penal Code and after investigating the case the 1st respondent filed a charge sheet before the learned Addl. District and Sessions Judge, FTSC – 1 (POCSO), at Chikkaballapura for the offence under section 363, 376(2)(n) of the Indian Penal Code and under section 4, 6 and 17 of the Protection of Children from Sexual Offences Act. 2012 against the - 4 - NC: 2025:KHC:4887 CRL.P No. 9726 of 2024 Accused/Petitioners herein now pending on the file of the learned Addl. District and Sessions Judge, FTSC – 1 (POCSO), at Chikkaballapura. 3. I swear that, the petitioner aggrieved by the said proceedings filed the above Criminal Petition seeking an order to quash the entire proceedings in Spl.S.C.No.70/2021 (Crime No.29/2021) pending on the file of learned Addl. District and Sessions Judge, FTSC – 1 (POCSO), at Chikkaballapura. 4. I swear that, during the curing of these proceedings, I have attained the age of majority and married to the petitioner on 16.06.2024. Further, I swear that, in view of Intervention of elder and well wishers of our respective family members. We settled our disputes in presence of respective well wishers in out of court, in view of the said settlement. I am not interested to prosecute the above said case. As such, the said case filed by me may be quashed. 5. I swear that, in order to preserve the precious time of the trial court this affidavit is filed to quash the proceedings in Spl.S.C.No.70/2021 (Crime No.29/2021), pending before the learned Addl. District and Sessions Judge, FTSC – 1 (POCSO), at Chikkaballapura for the offence punishable under section 363, 376(2)(n) of the Indian Penal Code and under section 4, 6 and 17 of the Protection of Children from Sexual Offences Act. 2012. - 5 - NC: 2025:KHC:4887 CRL.P No. 9726 of 2024 6. I swear that, I had filed this affidavit on my own and will and consent without compulsion or pressure from any one. Wherefore, I pray that this Hon’ble Court may be pleased to allow the accompanying application as prayed for, to meet the ends of justice.” Affidavit of Petitioners “I, Shakeer S/o. Bhara Imam Sab, aged about 30 years, residing at, Naremaddepalli Village, Bagepalli Taluk, Chikkaballapura District – 561 207, now at Bengaluru, do hereby state as follow :- 1. I submit that, I am the Petitioner No.1 in the above case and I know the facts of the case. Hence, I am deposing to. 2. I swear that, the Respondent No.1 herein has registered a case in Crime No.29/2021 for the offence punishable under section 363 of the Indian Penal Code against me and petitioner No.2 herein after investigating the case the 1st respondent filed a charge sheet before the learned Addl. District and Sessions Judge, FTSC – 1, at Chikkaballapura for the offence under section 363, 376(2)(n) of the Indian Penal Code and under section 4, 6 and 17 of the Protection of Children from Sexual Offences Act, 2012 against me and 2nd petitioner herein now pending on the file of the learned Addl. District and Sessions Judge, FTSC – 1, at Chikkaballapura. - 6 - NC: 2025:KHC:4887 CRL.P No. 9726 of 2024 3. I swear that, after complaint registered by the Respondent No.1 the above Criminal Petition is filed by me and 2nd petitioner to quash the entire proceedings in Spl.S.C.No.70/2021 (in Crime No.29/2021) for the offence under section 363, 376(2)(n) of the Indian Penal Code and under section 4, 6 and 17 of the Protection of Children from Sexual Offences Act, 2012 pending on the file of the learned Addl. District and Sessions Judge, FTSC – 1, at Chikkaballapur District, during the course of these proceedings at the intervention of the elders and well wishers of respective family the dispute between me and the Petitioner was settled out of court. 4. I swear that, during the curing of these proceedings, I have attained the age of majority and married to the petitioner on 16.06.2024. Further, I swear that, in view of intervention of elder and well wishers of our respective family members. We settled our dispute in presence of respective well wishers in out of court, in view of the said settlement. I am not interested to prosecute the above said case. As such, the said case filed by me may be quashed. 5. I swear that, I have not filed any other application for the similar relief before this Hon’ble Court along with main petition. 6. I swear that, the affidavit filed with my true and will and consent without any pressure or corrosion. - 7 - NC: 2025:KHC:4887 CRL.P No. 9726 of 2024 7. I swear that, if the affidavit allowed no hard ship would caused to Respondent, contrary if rejected I will be put to grate hardship and inconvenience and injustice. Wherefore, I pray that this Hon’ble Court be pleased to Quash the entire proceedings on the file of the learned Addl. District and Sessions Judge, FTSC – 1 (POCSO), at Chikkaballapura in Spl.S.C.No.70/2021 (in Crime No.29/2021) for the alleged offences punishable under section 363, 376(2)(n) of the Indian Penal Code and under section 4, 6 and 17 of the Protection of Children from Sexual Offences Act, 2012 against me and 2nd petitioner herein, in the interest of justice.” 4. In view of the aforesaid settlement entered into between the petitioners and 2nd respondent, I pass the following:
Decision
ORDER (i) The petition is disposed of in terms of the affidavits dated 03.02.2025. (ii) The proceedings in Spl.S.C.No.70/2021 (arising out of Crime No.29/2021 of 1st respondent – Police) registered for the offences punishable under Sections 363, 376 (2)(n) of IPC and Sections 4, 6 and 17 of POCSO Act, pending on the file of Additional District and Sessions Judge (FTSC-1), Chikkaballapura, - 8 - NC: 2025:KHC:4887 CRL.P No. 9726 of 2024 insofar as the petitioners are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 5 Sl No.: 1