Single judge ordered quashing of criminal proceedings against petitioner for rape and POCSO offences. Court accepted joint compromise petition noting survivor's marriage and age, holding continued investigation an abuse of process.
Criminal Petition allowed; impugned proceedings C.C.No.53/2021 quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 6002 OF 2023
BETWEEN:
ABHISHEKA @ CHIKKA, S/O MOHANA NAIK, AGED 21 YEARS, R/O VENKATESHAPUR VILLAGE, JAGALUR TALUK, DAVANAGERE DISTRICT – 560 091.
…PETITIONER
(BY SRI. CHAKRAVARTHY T S., ADVOCATE)
AND:
Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SMT.WAHEEDA M.M., HCGP FOR R1; SRI PRAKASH K BATI , ADVOCATE FOR R2)
THIS CRL.P. IS FILED U/S 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDING IN S.C.NO.53/2021 (CR.NO.10/2021) AGAINST THE PETITIONER WHO ARE ACCUSED
NC: 2023:KHC:37223 CRL.P No. 6002 of 2023
FOR THE OFFENCE P/U/S 376 OF IPC AND SEC.3(a), 6 OF POCSO ACT PENDING ON THE FILE OF THE HONBLE ADDL.DISTRICT AND SESSIONS JUDGE FTSC-1, DAVANAGERE.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is sought to be prosecuted for the offence punishable under Sections 376 of IPC and Section 3(a) and 6 of the POCSO Act.
ORDER
ii. The impugned proceedings C.C.No.53/2021 on the file of Addl. District and Sessions Judge, FTSC-I, Davanagere is hereby quashed.
Sd/JUDGE
RKA
List No.: 1 Sl No.: 172
3 issues framed by the court
Whether the criminal proceedings under Sections 376 IPC and Sections 3(a) and 6 of POCSO Act should be quashed after a joint compromise petition was filed.
Whether the continuation of investigation against a minor survivor would cause misery and constitute an abuse of process of law.
Whether a marriage solemnized after the alleged incident validates the child as a major and supports quashing the proceedings.
ABHISHEKA @ CHIKKA
STATE OF KARNATAKA
SMT. NAGI BAI
HEMANT CHANDANGOUDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
