Karnataka High Court
Krishna vs The State Of Karnataka on 10 January, 2023
Bench: K.Natarajan
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR. JUSTICE K.NATARAJAN
CRIMINAL PETITION NO.270 OF 2023
BETWEEN
KRISHNA
S/O LATE SHIVALINGEGOWDA
AGED ABOUT 33 YEARS
RA/T NO.47,
SHABARI NAGAR
BYADARAYANAPURA
SAHAKARANAGARA
YELAHANKA
BENGALURU 560 092
PERMANENT ADDRESS
KADENAHALLI VILLAGE
KASABA HOBLI
NAGAMANGALA TALUK
MANDYA DISTRICT - 571 432 ... PETITIONER
(BY SRI CHANDRASHEKARA K A, ADVOCATE)
AND
1 . THE STATE OF KARNATAKA
BY THE POLICE OF
NANDINI LAYOUT POLICE STATION
BENGALURU 560 058
RERPESENTED BY SPP
HIGHC OURT OF KARNATKA
BENGALURU 560 001
2
2 . XXXX
D/O NAGESH
W/O KRISHNA
NOW AGED ABOUT 19 YEARS
R/AT NO.43, 3RD CROSS
RAVI EXTENSION
JAI MARUTHI NAGARA
NANDINI LAYOUT
BENGALURU
ALSO AT
NO.25, 2ND CROSS
RAVI BADAVANE
JAI MARUTHI NAGARA
NANDINI LAYOUT
BENGALURU - 560 096
... RESPONDENTS
(BY SRI R.D. RENUKARADHYA, HCGP FOR R1)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH
THE ENTIRE PROCEEDINGS OF THE CASE IN
SPL.C.C.NO.1327/2021 NOW PENDING ON THE FILE OF THE
HON'BLE FAST TRACK SESSIONS COURT-II, BENGALURU
PENDING TRIAL FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 363, 376 OF IPC AND 5(L) AND 6 OF POCSO ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioner/accused under
Section 482 of Cr.P.C for quashing criminal proceedings in
Spl.C.C.No.1327/2021 registered in Crime No.174/2021 by
Nandini Layout police station, Bengaluru for the offences
punishable under Sections 363, 376 of IPC, and Section 5
(L) and 6 of the POCSO Act, pending on the file of LIV
Additional City Civil and Sessions Judge, Bengaluru City.
2. During the pendency of the petition, both
petitioner and respondent No.2 appeared before the court
through counsel and filed joint compromise application
seeking permission of this Court for compounding the
offence.
3. Learned counsel for the petitioner submits, the
petitioner and respondent No.2 had eloped and married.
Both of them had fallen in love and it is a consensual sex
between them. After attaining the age of majority, the
respondent No.2 already married this petitioner on
30.09.2022 and now both of them are residing as husband
and wife. Hence, seeking permission of this Court, to allow
the petition to compound offence and quash the criminal
proceedings. The complainant who is the brother of the
victim is also present and submits no objection.
4. Learned HCGP orally objects the petition.
5. Considering the facts and circumstances of the
case, both petitioner and respondent No.2 are married
and the victim is said to be a major now and married to
the petitioner/accused. The complaint came to be filed
when both of them had eloped and had consensual sex.
Ofcourse, at the time of incident, the victim was minor,
now she has attained the age of majority. The learned
counsel for the petitioner also relied upon the judgment of
the Hon'ble Supreme Court in case of
Crl.A.No.1489/2012 between Ramgopal & Anr Vs The
State of Madhya Pradesh C/w Crl.A.No.1488/2012
between Krishnappa & Ors C/w State of Karnataka.
Also Hon'ble Supreme Court in a similar case had set aside
the conviction and had allowed the compromise between
the parties.
6. Considering the facts and circumstances of the
case, I.A.No.1/2023 is allowed. The parties are allowed to
compound to offence.
Accordingly, the petition is allowed.
Consequently, the proceedings against the
petitioner in Spl.C.C.No.1327/2021 registered in Crime
No.174/2021 by Nandini Layout police station, Bengaluru,
pending on the file of LIV Additional City Civil and Sessions
Judge, Bengaluru City, is hereby quashed.
Sd/-
JUDGE
AKV
