Karnataka High Court
Venkatesha vs State Of Karnataka By on 27 November, 2023
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
NC: 2023:KHC:42760
CRL.P No. 10677 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 10677 OF 2023
BETWEEN:
VENKATESHA
S/O BILIGIRINAYAKA
AGED ABOUT 28 YEARS
R/AT BANDAHALLI VILLAGE, HANURU TALUK
CHAMARAJANGAR-571 439.
...PETITIONER
(BY SRI. PARAMESWARAPPA C, ADVOCATE)
AND:
1. STATE OF KARNATAKA BY
HANUMANTHANAGAR POLICE STATION
BENGALURU CITY 560 050
REP BY THE STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU 560 001.
2. RAJAPPA
S/O LATE DUNDUMADA NAYAKA
AGED ABOUT 49 YEARS
Digitally signed by B
K
R/AT BANDAHALLI VILLAGE, HANAURU TALUK
MAHENDRAKUMAR CHAMARAJANAGAR 571 439.
Location: High
Court of Karnataka ...RESPONDENTS
(BY SRI. VENKATASATYANARAYANA A, HCGP FOR R1;
SRI. PUNITH N S, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH
THE ENTIRE PROCEEDINGS IN SPL.C.1783/2023, PENDING ON THE
FILE OF THE LEARNED ADDITIONAL CITY CIVIL AND SESSIONS
JUDGE, FAST TRACK SESSIONS COURT-III AT BANGALORE BASED
ON THE CR.NO.157/2023 OF THE HANUMANTHANAGARA POLICE
STATION, FOR THE OFFENCE P/U/S 37692)(n) OF IPC AND SEC. 4,
5(J)(II) AND 6 OF POCSO ACT, BY ALLOWING THIS PETITION.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
-2-
NC: 2023:KHC:42760
CRL.P No. 10677 of 2023
ORDER
The learned High Court Government Pleader accepts
notice for the respondent No.1.
2. Sri Puneeth N S, learned counsel files power on
behalf of the respondent N.2.
3. The petitioner - accused - is sought to be
prosecuted for the offence punishable under Section 376(2)(n)
of IPC and Sections 4, 5(J)(II),6 of the Protection of Children
From Sexual Offences Act, 2012.
4. The case of the prosecution is that, Shakthi Kendra,
Chamarajanagara submitted a report stating that on
27.4.2023, the minor daughter of one Rajappa of Bandalli
village, Hannur Taluk, was pregnant due to the intimacy and
sexual act of the accused. After examining the educational
records of the victim, it was noticed that the survivor was aged
17 years 11 months at the time of detection of pregnancy. The
petitioner - accused, the respondent No.2 - father of the
survivor and the survivor are present before this Court and
have filed an application under Section 320 read with Section
482 of Cr.PC stating that the father of the survivor, respondent
No.2- uncle of the survivor, uncle of the accused and the
survivor, who is aged 18 years five months, all belong to the
same family. The application along with the memorandum of
facts are placed on record.
NC: 2023:KHC:42760
5. The learned High Court Government Pleader for the
respondent No.1 - State submits that the offence under the
provisions of the POCSO Act and also under Section 376 of IPC
is heinous and crime against the society, and the same cannot
be compounded.
6. During the pendency of the proceedings on the file
of the learned Sessions Judge, the marriage of the petitioner -
accused was solemnized with the survivor on 7th/8th June,
2023 and to substantiate the same, the wedding card is
produced along with the memo and it is further stated that the
survivor conceived due to sexual act of the petitioner - accused
and has given birth to a male baby on 20.8.2023. If the
proceedings are allowed to be continued, it is likely to result in
incarceration which would bring more agony and misery to the
survivor and her newly born baby, rather than securing justice.
7. 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;
NC: 2023:KHC:42760
(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."
8. The judgment of the High Court of Rajasthan was
taken up in an appeal, and the Hon'ble Supreme Court has
NC: 2023:KHC:42760
confirmed the decision of the High Court of Rajasthan in SLP
(Crl.) No.1890/2023 dated 3.3.2023.
9. The survivor was aged 17 years 11 months as on
the date of detection of pregnancy. The survivor as of today is
aged about 18 years 5 months and her marriage with the
accused has been solemnized and she has given birth to a male
baby on 20.8.2023. If the criminal proceedings are allowed to
be continued, it would result in incarceration, which would bring
more agony and misery to the survivor and her newly born
baby. The survivor and the child are dependent on the accused
for their livelihood. Therefore, the continuation of criminal
proceedings will be an abuse of the process of law.
Accordingly, I pass the following:
ORDER
i) Criminal petition is allowed.
ii) The impugned proceeding in Spl.Case
No.1783/2023 pending on the file of the learned Additional City
Civil and Sessions Judge, Fast Track Sessions Court - III,
Bangalore, is hereby quashed.
Sd/-
JUDGE
BKM
