KARNATAKA v. SRI. HANUMESH M.DESAI, ADV. FOR R2)

(BY SRI. VENKATESH M.KHARVI, ADVOCATE) AND: K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA …PETITIONERS

THE STATE OF KARNATAKA THROUGH DHARWAD RURAL POLICE STATION, R/BY ITS PUBLIC PROSECUTOR DHARWAD, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD.

SMT. BHARATI NAMADEV VANJIRE AGE. 41 YEARS, OCC. GOVT. OFFICIAL - 2 - NC: 2025:KHC-D:4065 CRL.P No. 101140 of 2025 NON-GAZETED, R/O. RAJIRGIRI DHARWAD, DIST. DHARWAD. (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1; SRI. HANUMESH M.DESAI, ADV. FOR R2) …RESPONDENTS THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), SEEKING TO, QUASHED THE FIR AND CHARGE SHEET FILED BY THE DHARWAD RURAL SPL.COURT AND II ADDL. DISTRICT AND SESSION JUDGE, DHARWAD, P.S. NO.0144/2023 FOR THE OFFENCES PUNISHABLE U/S 6, 17 OF PROHIBITION OF CHILDREN FROM SEXUAL OFFENCES ACT 2012 AND U/S 9 AND 11 OF CHILD MARRIAGE RESTRAINT ACT BY ALLOWING THE PETITION, IN SO FAR AS PETITIONERS/ACCUSED NO.1 TO 5. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER Learned High Court Govt. Pleader accepts notice respondent No.1/State and Sri. Hanumesh M Desai, learned counsel has filed power on behalf of respondent No.2.

2. The petitioners/accused Nos.1 to 5 have been charge- sheeted for the offences punishable under Sections 6, 17 of the POCSO Act, 2012 and Sections 9 and 11 of the Child Marriage Restraint Act.

The prosecution alleges that the survivor is the daughter of accused No.2 and the petitioners/accused fully knowing that the survivor was a minor as of the date of the incident, solemnized her marriage with accused No.1 and thereafter, accused No.1 committed forcible sexual intercourse. - 3 - NC: 2025:KHC-D:4065 CRL.P No. 101140 of 2025

The petitioners/accused and the survivor are present before the Court and filed an application for compounding the offences stating that as of the date of the incident, the survivor was aged about 16 years 9 months 10 days, and due to inadvertence and ignorance of law, her marriage was performed with accused No.1. The survivor has begotten a girl child, aged about 1 ½ years out of marriage with the accused No.1. The survivor is aged about 19 years as of today. The survivor and her child are depending on accused No.1 to meet their daily needs.

Although the offences are cognizable and non- compoundable, given the fact that the survivor is aged about 19 years as of today and baby girl is born from the wedlock with accused No.1, if the petitioners are subjected to trial, it would result in incarceration of the petitioners-accused resulting in misery and agony to the survivor and the child, rather than securing the ends of justice. Under such circumstances, the continuation of criminal proceedings would be an abuse of process of law.