Karnataka High Court
Ravindra Chidanand Gadiwaddar vs The State Of Karnataka on 7 February, 2025
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2025:KHC-D:2524
CRL.P No. 100625 of 2025
C/W CRL.P No. 100627 of 2025
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 7TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 100625 OF 2025 (482(Cr.PC)/528(BNSS))
C/W
CRIMINAL PETITION NO. 100627 OF 2025
IN CRL.P. NO.100625 OF 2025:
BETWEEN:
RAVINDRA CHIDANAND GADIWADDAR
AGE. 29 YEARS, OCC. FARMER,
R/O. KARAGAON, TQ. CHIKKODI,
DIST. BELAGAVI-591226.
...PETITIONER
(BY SRI. SHIVA SHIRUR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
R/BY THROUGH BELAGAVI CITY WOMEN P.S.
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH DHARWAD-580011.
Digitally signed by B
K 2. SONALI D/O. BHARAMA MANJALKAR
MAHENDRAKUMAR
BK
MAHENDRAKUMAR
Location: HIGH
COURT OF
AGE. 20 YEARS, OCC. HOUSEWIFE,
KARNATAKA
DHARWAD BENCH
Date: 2025.02.11
R/O.CHIDAMBAR NAGAR, ANAGOL,
15:51:41 +0530
TQ. AND DIST. BELAGAVI-580007.
...RESPONDENTS
(BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1;
SRI. SANTOSH B.MALLIGAWAD, ADV. FOR R2)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (U/S.
528 OF BNSS, 2023) SEEKING TO, QUASH THE FIR IN BELAGAVI
CITY WOMEN P.S. CRIME NO.45/2024 PENDING ON THE FILE OF
ADDL. DISTRICT AND SESSIONS JUDGE, FAST TRACK COURT-1,
AT BELAGAVI FOR THE OFFENCE P/U/SEC. 4, 6, 12 OF POCSO
ACT 2012 AND SEC. 65(1) OF THE BNS AND SEC. 9, 10, AND 11 OF
PROHIBITION OF CHILD MARRIAGE ACT IN SO FAR AS
PETITIONER/ACCUSED NO.1 IS CONCERNED.
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NC: 2025:KHC-D:2524
CRL.P No. 100625 of 2025
C/W CRL.P No. 100627 of 2025
CRL.P. NO.100627 OF 2025:
BETWEEN:
1. CHIDANAND GADIWADDAR
AGE. 59 YEARS, OCC. FARMER,
R/O. KARAGAON, TQ. CHIKKODI,
DIST. BELAGAVI-591226.
2. SUREKHA W/O. CHIDANANDA GADIWADDAR
AGE. 49 YEARS, OCC. FARMER,
R/O. KARAGAON, TQ. CHIKKODI,
DIST. BELAGAVI-591226.
3. NANDA W/O. SHIVARAJ GADIWADDAR
AGE. 33 YEARS, OCC. FARMER,
R/O. DUBBADAL, TQ. GOKAK,
DIST. BELAGAVI-591307.
4. SHIVARAJ GADIWADDAR
AGE. 39 YEARS, OCC. PRIVATE,
R/O. DUBBADAL, TQ. GOKAK,
DIST. BELAGAVI-591307.
5. KANCHANA D/O. CHIDANAND GADIWADDAR
AGE. 23 YEARS, OCC. FARMER,
R/O. KARAGAON, TQ. CHIKKODI,
DIST. BELAGAVI-591226.
6. TIMMANNA GADIWADDAR
AGE. 43 YEARS, OCC. BUSINESS,
R/O. KARAGAON, TQ. CHIKKODI,
DIST. BELAGAVI-591226.
7. MARUTI GADIWADDAR
AGE. 40 YEARS, OCC. FARMER,
R/O. KARAGAON, TQ. CHIKKODI,
DIST. BELAGAVI-591226.
...PETITIONERS
(BY SRI. SHIVA SHIRUR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH BELAGAVI CITY WOMEN POLICE STATION,
-3-
NC: 2025:KHC-D:2524
CRL.P No. 100625 of 2025
C/W CRL.P No. 100627 of 2025
R/BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD-580011.
2. SONALI D/O. BHARAMA MANJALKAR
AGE. 20 YEARS, OCC. NIL,
R/O.CHIDAMBAR NAGAR, ANAGOL,
TQ. AND DIST. BELAGAVI-580007.
...RESPONDENTS
(BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1;
SRI. SANTOSH B.MALLIGAWAD, ADV. FOR R2)
THIS CRIMINAL PETITION IS FILED U/SE. 482 OF CR.P.C.
(U/S. 528 OF BNSS, 2023) SEEKING TO QUASH THE PCR NO. 6/2024
PENDING ON THE FILE OF ADDL. DISTRICT AND SESSIONS
JUDGE, FTSC-1, BELAGAVI DATED 30.07.2024 FOR THE OFFENCES
P/U/SEC. 4, 6, 12 OF PROTECTION OF CHILDREN FROM SEXUAL
OFFENCES ACT-2012 AND SEC. 65 (1) OF THE BNS AND SEC. 9,10,
AND 11 OF PROHIBITION OF CHILD MARRIAGE ACT IN SO FAR AS
PETITIONERS/ACCUSED NO.2 TO 8 ARE CONCERNED.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
1. The petitioners herein have filed the present petitions
challenging the criminal proceedings initiated against them for the
offences punishable under Sections 4, 6, and 12 of the Protection
of Children from Sexual Offences Act, 2012 (hereinafter referred to
as 'the POCSO Act'), Section 65(1) of the Bharatiya Nyaya
Sanhita, 2023, and Sections 9, 10, and 11 of the Prohibition of
Child Marriage Act, 2006 (hereinafter referred to as 'the PCMA').
2. Respondent No.2 has filed a private complaint under
Section 200 of the Code of Criminal Procedure, 1973 (hereinafter
NC: 2025:KHC-D:2524
referred to as 'Cr.P.C.') on 30.07.2024, alleging that accused Nos.2
to 6, despite knowing that she was a minor, facilitated and
solemnized her marriage with accused No.1 on 28.12.2018. The
trial Court, upon receipt of the complaint, referred the matter to the
police for investigation under Section 156(3) of the Cr.P.C.
Pursuant to the investigation, an FIR was registered, and accused
No.1 is currently in judicial custody.
3. Accused Nos.2 to 7 and Respondent No.2 (the
complainant) are present before this Court and have filed an
application seeking compounding of the offences, stating that they
have amicably resolved their dispute. The complainant has
categorically stated that:
i) As of the date of the alleged incident, she was 18 years of
age.
ii) As of today, she is 25 years old.
iii) From the wedlock, a four-year-old girl child has been born.
iv) She has voluntarily agreed to withdraw all allegations
against the accused persons and has no objection to the
quashing of the criminal proceedings.
4. The complainant has further stated that both she and
her minor child are financially dependent on accused No.1 for their
daily needs. She has expressed that the continuation of the
investigation and trial would cause her unnecessary hardship,
misery, and agony, rather than serving the ends of justice.
NC: 2025:KHC-D:2524
5. The Aadhaar card of the complainant has been placed
on record, which indicates that her date of birth is 18.03.2000, and
her marriage was solemnized on 28.12.2018. This documentary
evidence clearly establishes that she was above 18 years of age at
the time of marriage.
6. Although the offences alleged are cognizable and non-
compoundable, the Supreme Court, in various judgments, has held
that in exceptional circumstances, the High Court may exercise its
inherent jurisdiction under Section 482 of the Cr.P.C. to quash
proceedings if the continuation of the same would amount to an
abuse of process of law and the chances of conviction are remote
and bleak due to a settlement between the parties.
ORDER
i) The criminal petitions are allowed.
ii) The impugned First Information Report in Crime
No.45/2024 registered by Belagavi City women Police
Station is hereby quashed.
iii) Accused No.1 is to be released forthwith from judicial
custody, if he is not required for in any other cases.
Sd/-
(HEMANT CHANDANGOUDAR)
JUDGE
AC
