Karnataka High Court
Narasimha Naik vs State Of Karnataka on 4 December, 2023
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2023:KHC:46998
CRL.P No. 6985 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 6985 OF 2023
BETWEEN:
1. NARASIMHA NAIK
S/O. LATE. MURTHY NAIK
AGED ABOUT 28 YEARS,
RESIDING AT MYSORAMMANA
DODDI, KASABA HOBLI,
INDLAVADI POST, ANEKAL TALUK,
BENGALURU - 562 106.
2. GOVINDA NAIK
S/O. LATE. MURTHY NAIK
AGED ABOUT 45 YEARS,
RESIDING AT MYSORAMMANA
DODDI, KASABA HOBLI,
INDLAVADI POST, ANEKAL TALUK,
BENGALURU - 562 106.
Digitally signed by B
3. NETHRAVATHI
K
MAHENDRAKUMAR W/O. SOMA NAIK
Location: HIGH
COURT OF AGED ABOUT 31 YEARS,
KARNATAKA
RESIDING AT MYSORAMMANA
DODDI, KASABA HOBLI,
INDLAVADI POST, ANEKAL TALUK,
BENGALURU - 562 106.
...PETITIONERS
(BY SRI. PRABHAKARA T C.,ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY ANEKAL POLICE STATION
BENGALURU
-2-
NC: 2023:KHC:46998
CRL.P No. 6985 of 2023
REP. BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
BENGALURU- 560 001.
2. NAGANAYAK
S/O. LATE. MODI NAYAK
AGED ABOUT 45 YEARS,
RESIDING AT MYSORAMMANA
DODDI, KASABA HOBLI,
INDLAVADI POST, ANEKAL TALUK,
BENGALURU - 562 106.
...RESPONDENTS
(BY SRI.K.NAGESHWARAPP., HCGP FOR R1;
SRI. NAGESHA.B., ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH
THE ENTIRE PROCEEDINGS INITIATED AGAINST THE
PETITIONERS IN SPL.C.NO.201/2021 (IS ARISING OUT OF
CR.NO.5/2021) OF ANEKAL POLICE STATION FOR AN ALLEGED
OFFENCE P/U/S 363, 366A, 376 OF IPC, SEC. 3 AND 4 OF
PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT AND
SEC. 9, 10, 11 OF PROHIBITION OF CHILD MARRIAGE ACT,
PENDING ON THE FILE OF THE HONBLE ADDITIONAL DISTRICT
AND SESSIONS JUDGE, FTSC-III, (SPECIAL COURT FOR TRIAL
OF CASES FILED UNDER POCSO ACT) BENGALURU RURAL
DISTRICT AT BENGALURU.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The petitioners/accused are sought to be prosecuted for
the offence punishable under Sections 363, 366A, 376 of IPC
and Sections 3 and 4 of the Protection of Children from Sexual
Offences Act and Sections 9, 10, 11 of Prohibition of Child
Marriage Act.
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2. The case of the prosecution is that, petitioner No.1
fully knowing that the daughter of the defacto complainant was
a minor, committed forcible penetrative sexual intercourse and
solemnized his marriage with the daughter of respondent
No.2/defacto complainant. In the trial, P.W.1/father/defacto
complainant as well as P.W.3/Mother and P.W.2/Survivor were
examined and in their examination-in-chief have not supported
the case of the prosecution, and nothing was elicited in the
cross examination to substantiate the allegation against the
petitioner.
3. The petitioners/accused and the survivor are
present before this Court and have filed an application under
Section 320 read with Section 482 of Cr.P.C for compounding of
the offences.
4. Learned HCGP for the respondent-State would
submit that the offences alleged against the petitioners are
heinous and crime against society and the same is non
compoundable and sought for dismissal of the petition.
5. A perusal of the examination-in-chief of the P.Ws.1,
2 and 3 indicated that they have not supported the prosecution
and nothing is elicited in their cross examination to prove the
case of the prosecution.
6. 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:
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"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;
(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.
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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."
7. 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.
8. The survivor was aged about 17 years 11 months
and 17 days as on the date of incident, and as of today, she is
aged about 20 years, which is evident from the Aadhar Card
produced along with the memo. The petitioner has also
produced the photographs and also the certificate of
registration of marriage to establish that the marriage of the
petitioner with the survivor was solemnized on 19.05.2023. The
survivor is six months pregnant as of today.
9. Though the offences alleged are cognizable and non
compoundable, having regard to the fact that the marriage of
the petitioner is solemnized with the survivor and the survivor
is six months pregnant, the continuation of criminal
proceedings would 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, it would be
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appropriate to quash the impugned proceedings. Accordingly, I
pass the following:
ORDER
i) Criminal petition is allowed.
ii) The impugned proceeding in Spl.C.No.201/2021
pending on the file of Additional District and Sessions Judge,
FTSC-III, Bengaluru, stands quashed.
Pending I.A. does not survive for consideration.
Sd/-
JUDGE
RKA
