Kirana vs State Of Karnataka By
2023 Latest Caselaw 6341 Kant

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                                                                   NC: 2023:KHC:32316
                                                               CRL.P No. 5621 of 2023




                             IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                               DATED THIS THE 7TH DAY OF SEPTEMBER, 2023
                                                   BEFORE
                         THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
                                   CRIMINAL PETITION NO. 5621 OF 2023
                        BETWEEN:

                        1.    KIRANA
                              S/O DANAPPA, AGED ABOUT 23 YEARS

                        2.    DANAPPA
                              S/O LATE RUDRAPPA, AGED ABOUT 45 YEARS

                        3.    SHARADAMMA
                              W/O DANAPPA, AGED ABOUT 40 YEARS

                        4.    HANUMANTHAPPA
                              S/O LATE HALAPPA, AGED ABOUT 50 YEARS

                        5.    HOOVAMMA
                              S/O HANUMANTHAPPA, AGED ABOUT 45 YEARS

                              ALL ARE RESIDING AT GANJENHALLI VILLAGE,
                              NYAMATHI TALUK, DAVANGERE -577 225.
                                                                          ...PETITIONERS
                        (BY SRI. CHAKRAVARTHY T S, ADVOCATE)
Digitally signed by B
K
MAHENDRAKUMAR           AND:
Location: High
Court of Karnataka


                        1.    STATE OF KARNATAKA BY
                              NYAMATHI POLICE STATION
                              DAVANGERE DISTRICT-577 225

                              REPRESENTED BY STATE PUBLIC PROSECUTOR
                              HIGH COURT BUILDINGS
                              BANGALORE-560 001.

                        2.    GEETHA K T, SUPERVIOR
                              CDPO OFFICE, HONNALI TOWN
                              DAVANGERE DISTRICT-577 217.
                                                                         ...RESPONDENTS
                        (BY SRI. M R PATIL, HCGP FOR R-1
                            V/O DATED 7.9.2023, NOTICE TO R-2 IS D/W)
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                                            NC: 2023:KHC:32316
                                        CRL.P No. 5621 of 2023




     THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE
ENTIRE PROCEEDING IN FIR BEARING CRIME NO.25/2021 NOW
RENUMBERED AS S.C.NO.220/2022 AGAINST THE PETITIONER WHO
ARE ACCUSED FOR THE OFFENCE P/U/S 376(2)(n), 149 OF IPC AND
SECTION 6 OF POCSO ACT AND SECTION 9 OF CHILD MARRIAGE
RESTRAINT ACT, PENDING ON THE FILE OF THE HONBLE
ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-I.

      THIS PETITION, COMING ON FOR REPORTING SETTLEMENT,
THIS DAY, THE COURT MADE THE FOLLOWING:

                            ORDER

The petitioner is prosecuted for the offences punishable under Sections 376(1), 376(J), 376(2)(n) of IPC and Section 6 of POCSO Act and Section 9 of the Prohibition of Child Marriage Act.

2. The case of the prosecution is that the accused herein forcibly made the survivor to enter into a relationship by promising to marry and thereafter committed penetrative sexual assault against her wish and also married the survivor.

3. The age of the victim/survivor was 16 years six months as on the date of incident.

4. The accused and the survivor with their respective parents are present before this Court and have filed a joint memo stating that the sexual intercourse between them was consensual one and the marriage was solemnized between them mutually and from the said wedlock, a male baby is born, and the victim/survivor has no objection for quashing the impugned proceeding. The victim/survivor was aged about 16

NC: 2023:KHC:32316 CRL.P No. 5621 of 2023

years six months on the date of incident and as of today, she is 19 years 11 months. If the impugned proceeding is allowed to be continued and it will likely to result 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.

5. 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;

(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;

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(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."

6. 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. Accordingly, I pass the following:

ORDER

i) Criminal petition is allowed.

ii) The impugned proceeding in SC No.220/2022 pending on the file of the learned Additional district and Sessions Judge, FTSC-I, Davanagere, stands quashed.

Sd/-

JUDGE BKM