Citation : 2026 Latest Caselaw 3131 Kant
Judgement Date : 9 April, 2026
-1-
NC: 2026:KHC:19826
CRL.P No. 11515 of 2024
C/W CRL.P No. 12044 of 2023
CRL.P No. 12047 of 2023
HC-KAR AND 3 OTHERS
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 11515 OF 2024
C/W
CRIMINAL PETITION NO. 12044 OF 2023
CRIMINAL PETITION NO. 12047 OF 2023
CRIMINAL PETITION NO. 10774 OF 2024
CRIMINAL PETITION NO. 11517 OF 2024
CRIMINAL PETITION NO. 13187 OF 2024
IN CRL.P No. 11515/2024
BETWEEN:
MS. BEENA GEORGE
D/O GEORGE GREGORY,
Digitally AGED ABOUT 36 YEARS,
signed by
SANJEEVINI J R/AT NO.103-104, 11th BLOCK
KARISHETTY
JANAPRIYA HEAVENS APARTMENTS,
Location: High
Court of ALLASANDRA, GKVK POST,
Karnataka
BENGALURU - 560 065.
...PETITIONER
(BY SRI RAJ PRABHU S., ADVOCATE)
AND:
1. STATE OF KARNATAKA BY
NANDI GIRIDHAMA POLICE STATION,
CHIKKABALLAPURA DISTRICT
REPRESENTED BY SPP OFFICE HIGH COURT
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NC: 2026:KHC:19826
CRL.P No. 11515 of 2024
C/W CRL.P No. 12044 of 2023
CRL.P No. 12047 of 2023
HC-KAR AND 3 OTHERS
BUILDINGS
HIGH COURT OF KARNATAKA,
BENGALURU - 560 001.
2. XXXXXX
XXXXXX
XXXXXX
XXXXXX
3. MR. RAJESH EBZY IPE,
AGED ABOUT MAJOR,
S/O IPE VERGHESE
R/AT MUNDANICKAL HOUSE,
ILLIMOOLABAGOM,
AYARKUNNAM,
KARA, KOTTAYAM
KERALA - 686 564.
...RESPONDENTS
(BY SMT.SOWMYA R., HCGP FOR R-1;
SMT.SEEMA SUDHEENDRAN C.K., ADVOCATE FOR R-3;
R-2 MINOR REPRESENTED BY R-3)
THIS CRL.P IS FILED U/S 482 CR.P.C., (FILED U/S 528
BNNS) PRAYING TO QUASH THE SPL.S.C.NO.96/2024 PENDING
BEFORE THE HON'BLE ADDL.DISTRICT AND SESSIONS JUDGE
FTSC-1, CHIKKABALLAPURA ARISING OUT OF CR.NO.44/2024
FILED BY THE RESPONDENT NO.1 NANDI GIRIDHAMA POLICE
DATED 09.04.2024 BASED ON THE COMPLAINT REGISTERED
BY THE RESPONDENT NO.2 DATED 26.03.2024 FOR THE
OFFENCES P/U/S 10, 21(1), 7, 9(m), 8 OF THE POCSO ACT
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NC: 2026:KHC:19826
CRL.P No. 11515 of 2024
C/W CRL.P No. 12044 of 2023
CRL.P No. 12047 of 2023
HC-KAR AND 3 OTHERS
PENDING BEFORE THE ADDL.DISTRICT AND SESSIONS JUDGE,
FTSC-1 CHIKKABALLAPURA.
IN CRL.P NO. 12044/2023
BETWEEN:
1. MS. BEENA GEORGE
D/O GEORGE GREGORY,
AGED ABOUT 36 YEARS,
R/AT NO. 103-104, 11TH BLOCK,
JANAPRIYA HEAVENS APARTMENTS,
ALLASANDRA, GKVK POST,
BENGALURU - 560 065.
...PETITIONER
(BY SRI RAJ PRABHU S., ADVOCATE)
AND:
1. STATE OF KARNATAKA BY
YELAHANKA POLICE STATION,
BENGALURU DISTRICT,
BENGALURU.
2. XXXXXX
XXXXXX
XXXXXX
XXXXXX
3. MR. RAJESH EBZY IPE,
AGED ABOUT MAJOR,
S/O IPE VERGHESE
R/AT MUNDANICKAL HOUSE,
ILLIMOOLA BAGOM,
AYARKUNNAM,
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NC: 2026:KHC:19826
CRL.P No. 11515 of 2024
C/W CRL.P No. 12044 of 2023
CRL.P No. 12047 of 2023
HC-KAR AND 3 OTHERS
KARA, KOTTAYAM
KERALA - 686 564.
(AMENDED VIDE COURT ORDER DATED 5/12/2023)
...RESPONDENTS
(BY SMT.SOWMYA R., HCGP FOR R-1;
SMT.SEEMA SUDHEENDRAN C.K.,
ADVOCATE FOR R-3;
R-2 MINOR REPRESENTED BY R-3)
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO
QUASH THE FIR IN CR.NO.387/2023 FILED BY THE
RESPONDENT NO.1 YELAHANKA POLICE, DATED
19.09.2023 BASED ON THE COMPLAINT REGISTERED BY
THE RESPONDENT NO.2 DATED 19.09.2023 FOR THE
OFFENCES P/U/S 10, 21(1), 7, 9(m), 11(iv), 9(i), 8 OF
POCSO ACT, PENDING BEFORE THE FTC-1, CITY CIVIL
COURT, BENGALURU.
IN CRL.P NO. 12047/2023
BETWEEN:
1. MS.BEENA GEORGE
D/O GEORGE GREGORY,
AGED ABOUT 36 YEARS,
R/AT NO.103-104, 11TH BLOCK,
JANAPRIYA HEAVENS APARTMENTS,
ALLASANDRA, GKVK POST,
BENGALURU - 560 065.
...PETITIONER
(BY SRI RAJ PRABHU S., ADVOCATE)
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NC: 2026:KHC:19826
CRL.P No. 11515 of 2024
C/W CRL.P No. 12044 of 2023
CRL.P No. 12047 of 2023
HC-KAR AND 3 OTHERS
AND:
1. STATE OF KARNATAKA BY
YELAHANKA POLICE STATION,
BENGALURU DISTRICT,
BENGALURU.
REPRESENTED BY SPP,
HIGH COURT BUILDING,
BENGALURU.
2. XXXXX
XXXXX
XXXXX
XXXXX
3. MR. RAJESH EBZY IPE,
AGED ABOUT MAJOR,
S/O IPE VERGHESE
R/AT MUNDANICKAL HOUSE,
ILLIMOOLA BAGOM,
AYARKUNNAM,
KARA, KOTTAYAM
KERALA - 686 564.
(AMENDED VIDE COURT ORDER DATED 5/12/2023)
...RESPONDENTS
(BY SMT.SOWMYA R., HCGP FOR R-1;
SMT.SEEMA SUDHEENDRAN C.K.,
ADVOCATE FOR R-3;
R-2 MINOR REPRESENTED BY R-3)
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO
QUASH THE FIR IN CR.NO.388/2023, FILED BY THE
RESPONDENT NO.1 DATED 18.09.2023 REGISTERED FOR
THE OFFENCES P/U/S 75 OF JUVENILE JUSTICE (CARE AND
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NC: 2026:KHC:19826
CRL.P No. 11515 of 2024
C/W CRL.P No. 12044 of 2023
CRL.P No. 12047 of 2023
HC-KAR AND 3 OTHERS
PROTECTION OF CHILDREN) ACT, 2015 AND UNDER SEC.
324, 420, 417, 34 OF THE IPC PENDING BEFORE THE
HON'BLE 37TH A.C.M.M AT BENGALURU.
IN CRL.P NO. 10774/2024
BETWEEN:
1. SHRI BIRWAL KUMAR ARYAN
S/O SRI BAIJANATH RAM,
AGED ABOUT 31 YEARS,
R/AT BARALOVA VILLAGE AND POST,
G.L.A. COLLEGE,
PALAMU, JARKHAND - 822 101.
...PETITIONER
(BY SRI RAJ PRABHU S., ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY NANDI GIRIDHAMA POLICE STATION,
CHIKKABALLAPURA DISTRICT
REPRESENTED BY SPP
OFFICE HIGH COURT BUILDINGS,
HIGH COURT OF KARNATAKA
BENGALURU - 560 001.
2. XXXXX
XXXXX
XXXXX
XXXXX
3. MR. RAJESH EBZY IPE
AGED ABOUT MAJOR,
S/O IPE VERGHESE,
R/AT MUNDANICKAL HOUSE,
ILLIMOOLA BAGOM, AYARKUNNAM,
-7-
NC: 2026:KHC:19826
CRL.P No. 11515 of 2024
C/W CRL.P No. 12044 of 2023
CRL.P No. 12047 of 2023
HC-KAR AND 3 OTHERS
KARA, KOTTAYAM, KERALA - 686 564.
...RESPONDENTS
(BY SMT.SOWMYA R., HCGP FOR R-1;
SMT.SEEMA SUDHEENDRAN C.K.,
ADVOCATE FOR R-3;
R-2 MINOR REPRESENTED BY R-3)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528
BNNS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN
SPL.S.C.NO.96/2024 ARISING OUT OF CR.NO.44/2024 OF
THE 1ST RESPONDENT POLICE FOR THE OFFENCES P/U/S
10, 21(1), 7, 9(m), 8 OF THE POCSO ACT IN WHICH THE
PETITIONER IS ARRAYED AS ACCUSED NO.1 PENDING ON
THE FILE OF THE HON'BLE ADDL.DISTRICT AND SESSION
JUDGE FTSC-1, AT CHIKKABALLAPURA.
IN CRL.P NO. 11517/2024
BETWEEN:
1. MS BEENA GEORGE
D/O GEORGE GREGORY,
AGED ABOUT 36 YEARS,
R/AT NO. 103-104, 11TH BLOCK,
JANAPRIYA HEAVENS APARTMENTS,
ALLASANDRA, GKVK POST,
BENGALURU - 560 065.
...PETITIONER
(BY SRI RAJ PRABHU S., ADVOCATE)
AND:
1. STATE OF KARNATAKA BY
BANGARPET RAILWAY POLICE STATION,
KOLAR DISTRICT,
REPRESENTED BY SPP
-8-
NC: 2026:KHC:19826
CRL.P No. 11515 of 2024
C/W CRL.P No. 12044 of 2023
CRL.P No. 12047 of 2023
HC-KAR AND 3 OTHERS
OFFICE HIGH COURT BUILDINGS,
HIGH COURT OF KARNATAKA,
BENGALURU - 560 001.
2. XXXXX
XXXXX
XXXXX
XXXXX
3. MR. RAJESH EBZY IPE
AGED ABOUT MAJOR,
S/O IPE VERGHESE,
R/AT MUNDANICKAL HOUSE,
ILLIMOOLA BAGOM,
AYARKUNNAM, KARA,
KOTTAYAM, KERALA.
...RESPONDENTS
(BY SMT.SOWMYA R., HCGP FOR R-1;
SMT.SEEMA SUDHEENDRAN C.K.,
ADVOCATE FOR R-3;
R-2 MINOR REPRESENTED BY R-3)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528
BNNS) PRAYING TO QUASH THE FIR IN CR.NO.14/2024
FILED BY THE RESPONDENT NO.1 BANGARPET RAILWAY
POLICE, DATED 10.08.2024 BASED ON THE COMPLAINT
REGISTERED BY THE RESPONDENT NO.2 DATED
07.08.2024 FOR THE OFFENCES P/U/S 10, 21(1), 7, 9(m),
8 OF THE PROTECTION OF CHILDREN FROM SEXUAL
OFFENCES ACT, 2012, PENDING BEFORE THE HON'BLE
ADDL. DIST. AND SESSIONS COURT, FAST TRACK COURT-
1 JUDGE AT KOLAR.
-9-
NC: 2026:KHC:19826
CRL.P No. 11515 of 2024
C/W CRL.P No. 12044 of 2023
CRL.P No. 12047 of 2023
HC-KAR AND 3 OTHERS
IN CRL.P NO. 13187/2024
BETWEEN:
1. MR.AMAN SINGH
AGED ABOUT 25 YEARS,
S/O ARUN KUMAR SINGH
R/AT NO 39/KH-123/3-G2,
CROSS ROAD, SANT NAGAR, BURARI,
NORTH DELHI, DELHI - 110 084.
...PETITIONER
(BY SRI RAJ PRABHU S., ADVOCATE)
AND:
1. STATE OF KARNATAKA BY
BANGARPET RAILWAY POLICE STATION,
KOLAR DISTRICT,
REPRESENTED BY SPP OFFICE
HIGH COURT BUILDINGS
HIGH COURT OF KARNATAKA,
BENGALURU - 560 001.
2. XXXXX
XXXXX
XXXXX
XXXXX
3. MR.RAJESH EBZY IPE
AGED ABOUT MAJOR
S/O IPE VERGHESE
R/AT MUNDANICKAL HOUSE,
ILLIMOOLA BAGOM, AYARKUNNAM
KARA, KOTTAYAM, KERALA.
- 10 -
NC: 2026:KHC:19826
CRL.P No. 11515 of 2024
C/W CRL.P No. 12044 of 2023
CRL.P No. 12047 of 2023
HC-KAR AND 3 OTHERS
...RESPONDENTS
(BY SMT.SOWMYA R., HCGP FOR R-1;
SMT.SEEMA SUDHEENDRAN C.K.,
ADVOCATE FOR R-3;
R-2 MINOR REPRESENTED BY R-3)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528
BNNS) PRAYING TO QUASH THE FIR IN CR.NO.14/2024
FILED BY THE RESPONDENT NO.1 BANGARPET RAILWAY
POLICE, DATED 10.08.2024 BASED ON THE COMPLAINT
REGISTERED BY THE RESPONDENT NO.2 DATED
07.08.2024, FOR THE OFFENCES P/U/S 10, 21(1), 7, 9(m),
8 OF THE PROTECTION OF CHILDREN FROM SEXUAL
OFFENCES ACT-2012, PENDING BEFORE THE HON'BLE
ADDL. DISTRICT AND SESSIONS COURT FAST TRACK
COURT-1 JUDGE AT KOLAR.
THESE PETITIONS, COMING ON FOR ADMISSION, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
Heard Sri Raj Prabhu S, learned counsel appearing for
petitioners and Smt Sowmya R, learned High Court
Government Pleader appearing for respondent No.1 and
Smt Seema Sudheendran C.K, learned counsel appearing for
respondent No.3, in all these cases.
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NC: 2026:KHC:19826
HC-KAR AND 3 OTHERS
2. The parties to the lis, in all these cases, are common.
In 4 of the cases, the allegation against accused no.2, the
mother of the minor son i.e., the 2nd respondent, is of non-
reporting of the offence under the Protection of Children from
Sexual Offences Act, 2012 (POCSO Act). Insofar as the
petitioners/accused No.1 in two of the petitions are concerned,
the allegation is that they had attempted to sexually assault the
minor child/2nd respondent by way of touching his private parts.
3. The parties to the lis belonging to the same family
have now thought it fit to settle the dispute amongst
themselves and have filed compromise petition seeking
compounding of the offence. The joint compromise petition and
the affidavit filed in support of the said compromise petition, in
one of the cases i.e., Crl.P.No.11515 of 2024, reads as follows:
"JOINT COMPROMISE PETITION FILED BY THE PETITIONER AND RESPONDENT NO.2 & 3.
The Petitioner and Respondent 2 & 3 humbly submits that due to the intervention of well-wishers and friends the subject matter of the above Petition is settled in the following manner and they pray that the same to be recorded and be passed accordingly:
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NC: 2026:KHC:19826
HC-KAR AND 3 OTHERS
1. The Petitioner has filed this petition based on the complaint of Respondent No.2, a minor, represented by Respondent No.3.
2. The Petitioner was the legally wedded wife of Respondent No.3 and is the mother of Respondent No.2. The marriage between the Petitioner and Respondent No.3 has been legally dissolved on 8/10/2021, before the Hon'ble Principal Family Court, Bangalore and they have been living separately since then.
3. It is submitted that Respondent No.2, the minor child, had filed a complaint before the Respondent No.1 Police against the Petitioner. However, Respondent No.2 now wishes to focus on his studies and schooling and is, therefore, not interested in pursuing the case any further.
4. The Petitioner, being the mother of Respondent No.2, shall not assert any rights over the child against his wishes. Respondent No.2 shall reside with his father, i.e., Respondent No.3, and the Petitioner shall have no objection to the same.
Respondent No.3 shall be the sole guardian of Respondent No.2.
5. The Petitioner and Respondents No.2 and 3 shall withdraw all pending cases filed against each other. Respondents No.2 and 3 shall also withdraw the cases filed against the Petitioner and the other accused persons, who are also Petitioners in Crl.Pet No.13187/2024 and Crl.Pet No. 10774/2024.
6. The Petitioner may visit the Respondent No.2 as per his wish and convenience, and with prior intimation. Respondent No.3 has no objection to such visits.
7. The Respondent No.3 shall provide the contact number of Respondent No.2 to the Petitioner, and in the event of any change in the contact number in the future, Respondent No.3 shall furnish the updated contact number to the Petitioner.
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NC: 2026:KHC:19826
HC-KAR AND 3 OTHERS
8. The Respondent No.2, of his own free will and discretion, may stay with the Petitioner as and when he wishes. During such visits, Respondent No.3 shall not cause any disturbance to either the Petitioner or the Respondent No.2.
9. The Petitioner and the Respondent No.3, shall not interfere in each other's personal or professional lives henceforth, and there shall be no claims whatsoever against each other in the present and in the future.
10. The Petitioner shall hand over all goods/items such as Passport, birth certificate and updated Aadhar card belonging to her son, i.e., Respondent No.2, in good condition, on the date of execution of this compromise petition.
11. The Respondent no.2 can collect all his materials/ goods at the residence of the Petitioner or the Petitioner shall courier the same to the address of the Respondent no.2."
The affidavit filed in support of the said compromise petition
reads as follows:
"AFFIDAVIT
I, Rajesh Ebzy Ipe, Aged about 46 years, S/o Ipe Verghese, R/at Mundanickal House, Illimoola Bagom, Ayarkunnam, Kara, Kottayam, Kerala-686564 do hereby declare on this day at Bengaluru.
1. I state that I am the Respondent no.3 in the above said petition and I have been representing the Respondent no.2 who is a minor and also my son.
2. I state that the Respondent no.2 has filed the complaint before the Respondent No.1 against the Petitioner herein.
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NC: 2026:KHC:19826
HC-KAR AND 3 OTHERS
3. I state that now the Respondent no.2 does not wish to continue the complaint as he wants to concentrate on his studies.
4. I state that I have filed the compromise petition before this Hon'ble court and shall oblige with the compromise petition.
5. I state that the compromise petition arrived between us are without any influence or coercion of any kind and that I shall be binding on such conditions as per the compromise petition."
4. In the light of the offences not being under Sections 4,
5 or 6 of the POCSO Act, I deem it appropriate to accept the
same for compounding of the offences and close the
proceedings against these petitioners.
5. For the aforesaid reasons, the following:
ORDER
(i) Criminal Petitions stand disposed.
(ii) Impugned proceedings pending in Spl.S.C.96 of
2024 (Crime No.44 of 2024), pending on the file of
Additional District and Sessions Judge, FTSC-1,
Chikkaballapura; Crime No.387 of 2023 pending on
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NC: 2026:KHC:19826
HC-KAR AND 3 OTHERS
the file of FTC-1, City Civil Court, Bengaluru; Crime
No.388 of 2023 pending on the file of 37th
Additional Chief Metropolitan Magistrate, Bengaluru
and Crime No.14 of 2024 pending on the file of
Additional District and Sessions Court, FTC-1, Kolar
stand quashed qua the petitioners.
Sd/-
(M.NAGAPRASANNA) JUDGE
bkp List No.: 2 Sl No.: 41
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