Karnataka High Court
Suresh vs State Of Karnataka on 13 December, 2023
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2023:KHC:45451
CRL.P No. 6016 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 6016 OF 2023
BETWEEN:
SURESH
S/O SHIVANAYAKA
AGED ABOUT 26 YEARS,
RESIDING AT 2ND CROSS,
NISARGA LAYOUT, KARTHIK NAGAR
DODDANEKKUNDI
BANGALORE-560036.
...PETITIONER
(BY SRI. PRAMOD M., ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY HAL P.S
Digitally signed by B
BANGALORE-560 008
K
MAHENDRAKUMAR
REP. BY THE STATE PUBLIC PROSECUTOR
Location: HIGH HIGH COURT OF KARNATAKA
COURT OF
KARNATAKA BANGALORE-560001.
2. XXX
MINOR
D/O LATE MURTHY NAYAK
2ND CROSS, NISARGA LAYOUT, KARTHIK NAGAR
DODDANEKKUNDI
BANGALORE-560037. VICTIM
...RESPONDENTS
(BY SRI. APPEARANCE NOT MENTIONED,ADVOCATE)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO
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CRL.P No. 6016 of 2023
QUASH THE FIR IN CRIME NO.124/2023 UNDER SECTION
376(4) OF IPC, AND SECTION 4, 6 OF POCSO ACT 2012, AND
SECTION 9, 10 OF PROHIBITION OF CHILD MARRIAGE ACT
PENDING BEFORE THE CITY CIVIL AND SESSIONS JUDGE
BENGALURU (FTSC-V) OF THE RESPONDENT POLICE THAT IS
HAL POLICE.
THIS PETITION, COMING ON FOR FURTHER HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner - accused, survivor along with the child are
present before this Court.
2. The petitioner has produced the birth certificate
indicating that, the son by name Likhith J S, was born to the
petitioner and the survivor on 26.5.2023. The survivor as on
the date of the incident was aged about 16 years six months,
and as of today, she is aged about 17 years three months. The
Adharcard of the survivor indicated that the date of birth of the
survivor is 3.10.2006.
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;
(ii) both being immature, apparently driven by
momentary emotions have fallen prey to lust,
surpassing social, moral and legal limits;
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(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."
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.
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5. The survivor was aged about 16 years six months
on the date of incident and as of today, she is 17 years three
months. The survivor at present is under the care and custody
of the petitioner. If the impugned proceeding is allowed to be
continued, it will likely to result in incarceration of the accused,
and it would cause more harm and misery rather than securing
ends of justice. To protect the interest of the survivor and also
the child, it would be appropriate to quash the impugned
proceedings. Accordingly, I pass the following:
ORDER
i) Criminal petition is allowed.
ii) The impugned FIR in Cr. No.124/2023 registered by
the HAL Police Station stands quashed.
iii) This order is subject to condition that the petitioner
shall furnish copy of the certificate of marriage issued by the
Sub-Registrar concerned after the survivor attains the age of
majority.
iv) For compliance, list on 28.10.2024.
Sd/-
JUDGE
BKM
