Karnataka High Court
Chandrashekar. S vs State By on 26 July, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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CRL.P No. 5299 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 5299 OF 2024
BETWEEN:
CHANDRASHEKAR S
S/O. SHRINIVAS,
AGED ABOUT 26 YEARS,
R/AT RANGAPURA VILLAGE,
OORUKERE,
TUMAKURU TALUK,
TUMAKURU - 572 106.
...PETITIONER
(BY SMT. K.B. JAYALAKSHMI, ADV.)
AND:
1. STATE BY
STATION HOUSE OFFICER,
CHANNAPATNA RURAL POLICE STATION,
RAMANAGARA,
Digitally signed REPRESENTED BY THE STATE PUBLIC PROSECUTOR,
by NAGAVENI
HIGH COURT OF KARNATAKA,
Location: HIGH
COURT OF HIGH COURT BUILDINGS,
KARNATAKA BANGALORE-560 001.
2. SMT. POORNIMA
W/O. KALEGOWDA,
AGED ABOUT 40 YEARS,
R/AT MARCHANAHALLI VILLAGE,
MALURU HOBLI,
CHANNAPATNA TALUK,
RAMANAGARA DISTRICT-562 160.
...RESPONDENTS
(BY SRI. P. THEJESH, HCGP FOR R1;
SMT. MANJULA D., ADV. FOR R2)
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CRL.P No. 5299 of 2024
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE
FIR REGISTERED IN CR.NO.101/2024 PENDING BEFORE THE Ist
ADDITIONAL DISTRICT AND SESSIONS COURT, RAMANAGARA
DISTRICT REGISTERED BY THE CHANNAPATNA RURAL POLICE
AGAINST THE PETITIONER FOR THE ALLEGED OFFENCE P/US/
366(A),376(2)(1) OF IPC AND SEC.4,5(j)(II),6 OF PCOSO ACT 2012.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioner is before this Court seeking the following
prayer:
"WHEREFORE, petitioners respectfully prays that
this Hon'ble Court be pleased to quash the FIR
registered in Cr.No.101/2024 pending before the 1st
Additional District & Session Court, Ramanagara District
registered by the Channapatna Rural Police against the
petitioner for the alleged offence punishable under
Section 366(A), 376(2)(l) of Indian Penal Code and
Section 4, 5(j)(II),(6) of Protection of Children From
Sexual Offences Act, 2012 and call for records, peruse
the same, allow the above Petition, or in the alternative
pass such other order/s as this Hon'ble Court deem fit
to pass on the facts and in the circumstances of the
case, in the interest of justice and equity."
2. Heard Smt.K.B.Jayalakshmi, appearing for the
petitioner, Sri.P.Thejesh, learned High Court Government
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Pleader appearing for respondent No.1 and the learned counsel
Smt.Manjula D., appearing for respondent No.2.
3. Learned counsel for the petitioner files an
application seeking compounding of offences along with an
affidavit. The affidavit reads as follows:
" AFFIDAVIT
I, Chandrashekar.S, S/o Shrinivas, Aged about
26 years, R/at Rangapura Village, Oorukere, Tumakuru
Taluk, Tumakuru- 572106, now come down to
Bengaluru, do hereby solemnly affirm and state on oath
as follows.
1. I state that I am the Petitioner/Applicant in the
above petition and I am duly conversant with the facts
of the case. Hence, I am swearing this affidavit.
2. I state that I have filed the above Criminal
Petition seeking for quashing of proceedings in
Cr.No.101/2024 pending before the 1st Additional
District & Session Court, Ramanagara District registered
by the Channapatna Rural Police against the petitioner
for the alleged offence punishable under punishable
under Section 366 (A),376(2)(1) of Indian Penal Code
and Section 4, 5(j) (II), (6) of Protection of Children
From Sexual Offences Act 2012. We have already
married on 20.05.2024 and we are leading happy life in
our house. Now victim is nearly 4 months pregnant.
3. I state that after the said incident and after
majority of the victim, myself and victim have got
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arranged marriage as per the Hindu rites and customs
before the well wishers of the both the family members
on 19.05.2024 and 20.05.2024 at Shree
Dasharathaswamy Devastana,Devakannikeyara Betta,
Konthihalli, Kora Hobli, Tumakuru Taluk & District. I
further submit that after the marriage we are leading
happy life and the said conceive is remains for that
mother card is produced. Now victim is nearly 4 month
pregnant and she is taking treatment. Now myself and
victim are husband and wife now she is aged about 18
years 3 months. Both are living together in my house
happily. The complainant is my mother-in-law therefore
during the pendency of this petition, the complainant
and myself with the intervention of the elders and
family members have compromised the disputes in view
of the marriage solemnized between victim and myself
we have also decided to live peacefully in future without
any kind of disturb in our future life. Having considered
our relation amongst ourselves, the panchayath was
also held, in which the complainant has agreed to
compromise the dispute/offences with me. Therefore
now the complaint has no grievance against me. The
complainant has filed affidavit to that effect and the
offences punishable under Section 366 (A),376(2)(1) of
Indian Penal Code and Section 4, 5(j)(II),(6) of
Protection of Children From Sexual Offences Act 2012
registered in Cr.No.101/2024 against me may be
quashed. There is no any coercive nor compulsion in
compromising the matter.
5. I further submit that if this application is allowed
no prejudice will be caused to the Respondents. On the
other hand if the application is not allowed I will be
caused irreparable injustice.
WHEREFORE, I prays this Hon'ble Court be
pleased to allow the application and quash the F.I.R in
Cr.No.101/2024 pending before the 1st Additional
District & Session Court, Ramanagara District registered
by the Channapatna Rural Police for the alleged offence
punishable under punishable under Section 366 (A),
376(2)(1) of Indian Penal Code and Section 4, 5(j)(II),
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(6) of Protection of Children From Sexual Offences Act
2012 in the interest of justice and equity.
I, Sri. Chandrashekar.S, the deponent herein do
hereby declare that what is stated in the above
paragraphs are true to the best of my knowledge,
information and belief."
4. The petitioner is the sole accused.
Respondent No.2 - complainant is the mother of the victim.
The petitioner gets embroiled in a crime in Crime No.101/2024
for the aforesaid offences. It is the case of the prosecution that
when the daughter of the complainant was aged 17 years and
11 months, the family members of both the victim and the
petitioner decide to get the two married and therefore, the
petitioner indulges in an act, which would become the
ingredients of the offences so alleged. Out of the act, the
victim is now carrying and the learned counsel for the parties
would submit that she is five months pregnant. The petitioner
and the victim - daughter of the complainant, after attaining
the age of 18, both have got married and are said to be now
living together. The marriage is performed in accordance with
their religious rites. The marriage takes place on 20.05.2024.
The photographs of which are produced along with the petition,
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the marriage is also registered before the Competent Authority
and the Competent Authority has issued a certificate of
registration of Hindu Marriage on 24.06.2024.
5. In the light of the fact that the petitioner and the
daughter of the complainant are married and the victim is now
carrying of five months, the family members have come
forward to get the issue settled by seeking permission to
compound the offences so alleged and have preferred an
application to that effect.
6. Though the offences alleged are the ones
punishable under the POCSO Act and the offences punishable
under Section 366(A) of the IPC, which are heinous, the issue
now is that, at the time of the incident, the daughter of the
complainant, the victim was aged 17 years and 11 months and
the marriage between the two has now taken place after she
attaining the age of 18 years.
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7. In the light of the said circumstance, permitting
further proceedings for trial against the petitioner would result
in miscarriage of justice, as the petitioner would eventually get
acquitted in the trial, as they are married and victim would not
depose against the petitioner.
8. In the light of the chances of the conviction being
so bleak in the case at hand, as also the circumstance of the
petitioner getting married to the victim and the victim is now
pregnant of five months, I deem it appropriate to close the
proceedings against the petitioner by accepting the application
seeking compounding of the offences.
9. It becomes apposite to refer to the later judgment
of the High Court of Punjab and Haryana in the case of
DEVENDER NATH v. STATE OF U.T. CHANDIGARH reported
in 2024 SCC OnLine P & H 2034 has held as follows:
"12. Learned Amicus Curiae further submits that the
proximity of age between the petitioner and respondent no. 2
must be given due consideration and a compassionate view be
taken considering their young age. While teenage relationships
are looked at with disdain by the society, the law must
consider their consensual nature and the human tendency to
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seek companionship. In view of the same, following
suggestions are made regarding quashing of such FIRs:
(a) Assessment of Voluntary Consent: It must be
ensured that if the alleged sexual act is claimed to
be consensual, it must emanate from a place of
volition, untainted by coercion, duress or undue
influence.
(b) Proximity in Age : Due regard must be given to
the age differential between the parties so as to
ascertain the nature of the relationship.
(c) Upholding the Best Interests of the Minors : The
welfare of the minors is the paramount
consideration which includes their psychological
well being and prospects of a dignified future.
(d) Acknowledgment of Socio-cultural Dynamics : An
assessment of such situations must duly consider
the socio-cultural context enveloping the
relationship.
(e) Engagement with Parental or Guardian
Perspectives : The insights and apprehensions of
parents or legal guardians or absence thereof
must be judiciously considered to ensure the
relationship does not go against the best interest
of the minors.
(f) Implication of Criminal Proceedings : It must be
contemplated that the perpetuation of criminal
proceedings can incite potential stigma, social
alienation and psychological afflictions on the
minors.
(g) Mandate for Legal and Social Counseling : It is
incumbent upon the State to ensure that the
minors have been afforded comprehensive legal
and social counseling, facilitating informed
decision-making and a nuanced understanding of
legal contours and societal ramifications.
(h) Vigilance against Exploitation : No strait jacket
formula can be adopted for dealing with such
cases therefore the Courts must remain vigilant to
discern any indications of exploitation, abuse or
disparity in the relational dynamics ensuring the
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relationship is rooted in mutual respect and
equality."
OBSERVATIONS AND ANALYSIS:
14. Having heard learned counsel for the parties and the
learned Amicus Curiae and after perusing the record with their
able assistance, it transpires that the marriage between
petitioner and respondent no. 2 was solemnised on
12.09.2022, with the blessings of their families, when
respondent no. 2 was a minor of the age of 17.5 years.
The couple had been blissfully residing together and
were on the family way when respondent no. 2 went to
the hospital for a check-up on 20.02.2023. No
complaints were made by respondent no. 2 or her
parents during the subsistence of the marriage or before
that. The genesis of the instant FIR lies in the reporting of
respondent no. 2's pregnancy by the doctors under
Section 19 of the POCSO Act. While the intent behind the
statutes criminalising sexual exploitation of women, especially
children is noble in all senses of the term, it must be
understood that application of such statutes cannot be
divorced from the reality of the situation. The criminal
proceedings have wreaked havoc on the lives of the instant
petitioner and his wife. The couple also, unfortunately, lost
their newborn child in the process of securing justice.
... ... ...
17. In the instant case, respondent no. 2 has been
happily married to the petitioner and has categorically
stated that she neither moved any complaint nor desires
further action against the petitioner. Respondent no. 2
has attained the age of majority and wants to continue
with her matrimonial life. If the criminal proceedings
against the petitioner allowed to continue, not only will
it lead to unnecessary incarceration of the petitioner but
also leave respondent no. 2 bereft of financial and
emotional support. Therefore, this Court is of the
considered view that justice can only be substantially
realised if the FIR in the present case is quashed, in
view of the compromise entered into between the
parties.
18. In view of the above discussion, the present petition
is allowed and FIR No. 13 dated 20.02.2023 registered under
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Section 376(2)(n) of the IPC and Section 6 of POCSO Act at
Police Station Sarangpur, Chandigarh and its subsequent
proceedings are quashed. However, before parting with this
order, this Court appreciates the valuable and effective
assistance rendered by Mr. Vaibhav Sharma, Advocate
as amicus curiae."
(Emphasis supplied)
10. For the aforesaid reasons, the following:
ORDER
(i) Criminal petition is disposed of.
(ii) The application seeking compounding of the
offence is allowed and the crime in Crime
No.101/2024 pending before the I Additional
District and Session Court, Ramanagara
District, stands quashed.
Sd/-
(M.NAGAPRASANNA)
JUDGE
KG
