Karnataka High Court
Siddaraju vs State Of Karnataka on 30 August, 2023
Bench: Hemant Chandangoudar
-1-
NC: 2023:KHC:31155
CRL.P No. 3391 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 3391 OF 2023
BETWEEN:
SIDDARAJU, S/O RAJANNA
AGED ABOUT 28 YEARS
R/O KOLIPALYA VILLAGE
CHANDAKAVADI HOBLI
CHAMRAJANAGARA TALUK
CHAMARAJANAGARA DIST-571 127.
...PETITIONER
(BY SRI. SYED AKBAR PASHA, ADVOCATE)
AND:
1. STATE OF KARNATAKA
CHAMARAJANAGARA EAST POLICE STATION
CHAMRAJANAGARA DIST
R/P BY PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU-560 001.
2. SAVITHA, W/O MANNADA
AGED ABOUT 39 YEARS
Digitally signed by B
R/O KALIKAMBA COLONY
K
MAHENDRAKUMAR
CHAMARAJANAGARA TALUK
Location: HIGH
COURT OF
PRESENTLY R/AT KOLIPALYA VILLAGE
KARNATAKA
CHANDAKAVADI HOBLI
CHAMARAJANAGARA TALUK
CHAMARAJANAGARA DIST-571 127.
...RESPONDENTS
(BY SMT. M. M WAHEEDA, HCGP FOR R-1;
SRI. B LETHIF, ADVOCATE FOR R-2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE
FIR IN CR.NO.132/2020 AND SPECIAL CHARGE SHEET NO.170/2020
FILED BY THE 1ST RESPONDENT POLICE FOR THE OFFENCE P/U/S
366, 376(N), 376(2)(I) OF IPC, SECTION 4, 6 AND 12 OF POCSO ACT
AND SECTION 9 OF PROHIBITION OF CHILD MARRIAGE ACT AND
FURTHER PLEASED TO QUASH THE FURTHER PROCEEDINGS
-2-
NC: 2023:KHC:31155
CRL.P No. 3391 of 2023
PENDING ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS
JUDGE, CHAMARAJANAGARA IN SPL.C.NO.170/2020.
THIS PETITION, COMING ON FOR REPORTING SETTLEMENT,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is sought to be prosecuted for the offences
punishable under Sections 366, 376(N), 376(2)(I) of IPC and
Sections 4, 6, 12 of POCSO Act and Section 9 of Prohibition of
Child Marriage Act, 2006, alleging that, the petitioner had
forcible sexual intercourse and solemnized his marriage with
the survivor, who was minor as on the date of incident.
2. The petitioner - accused, the respondent No.2 and
the survivor are present before this Court and they have filed
an application under Section 320(2) of Cr.PC stating that the
sexual intercourse between the accused and the survivor was
consensual, since they were love with each other and the
survivor is aged more than 18 years as of today and their
marriage was solemnized on 2.2.2023. The application is
placed on record.
3. In identical circumstances, the High Court of
Rajasthan, in the case of Tarun Vaishnav -vs- State of
Rajasthan, at paras 18 and 19 has held as follows:
"18. This Court feels that it is a fit case to exercise its
inherent powers under Section 482 of the Code for
quashing the FIR to secure the ends of justice,
because:-
(i) an adolescent girl of tender age (16 years) has
fallen in love with a boy of 22 years;
NC: 2023:KHC:31155
CRL.P No. 3391 of 2023
(ii) both being immature, apparently driven by
momentary emotions have fallen prey to lust,
surpassing social, moral and legal limits;
(iii) the complainant is the police and the girl or
her family are neither aggrieved party nor
complainant;
(iv) the girl has been consistent in her stand that
she consented to the physical relationship. Not
only in her statements under Section 161 and
Section 164 of the Code but also before this Court,
the girl unequivocally accepted that she had
consented to the act;
(v) their fornication though may be without legal
and moral sanction, has resulted in child birth;
(vi) parents of both - the girl and the boy having
forgiven their respective children for their felony,
intend to tie them in nuptial knot, when the
prosecutrix attains marriageable age;
(vii) if the prosecution continues, the petitioner is
sure to face conviction, as the girl is minor. The
conviction will result in 10 years of incarceration
which would bring more agony and misery to the
girl and her newly born son, rather than securing
justice;
(viii) and also because, the basic ingredients of
retributive theory of punishment -"avenge for the
person wronged" is completely absent.
19. Faced with such situation and upon appraisal of
the overall circumstances, as an exceptional case, this
Court is persuaded to allow the petition, as prayed.
The impugned FIR No.0260/2022 registered at Police
Station Devnagar, Jodhpur City (West) against the
petitioner, is hereby, quashed not only on the basis of
compromise, but also for the reasons mentioned
hereinabove and what has transpired during the
course of hearing."
NC: 2023:KHC:31155
CRL.P No. 3391 of 2023
4. The judgment of the High Court of Rajasthan was
taken up in an appeal, and the Hon'ble Supreme Court has
confirmed the decision of the High Court of Rajasthan in SLP
(Crl.) No. 1890/2023 dated 3.3.2023.
5. Though the survivor was the minor as on the date
of incident, however, having regard to the fact that, the
marriage of the survivor with the accused having been
solemnized, if the criminal proceedings are allowed to be
continued, it may result in 10 years of incarceration of the
accused, and moreover the survivor will be put to great
hardship rather than securing justice. The survivor is unlikely
to support the case of the prosecution. Therefore, the
continuation of criminal proceedings will be an abuse of process
of law. Accordingly, I pass the following:
ORDER
i) Criminal petition is allowed.
ii) The impugned proceeding in Spl.Case No.170/2020
pending on the file of the learned Principal District and Sessions
Judge, Chamarajanagar, is hereby quashed.
Sd/-
JUDGE
BKM
