Accused sought quashing of charge sheet under Sections 363, 365, 366, 376 IPC and Sections 4, 6, 17 POCSO Act. Accused No.1 had married the second respondent, who filed a joint affidavit and consented to quashing. The High Court quashed the proceedings.
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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF SEPTEMBER 2024
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 103485 OF 2023
BETWEEN:
…PETITIONERS
(BY SRI. S M MUCHHANDI, ADVOCATE)
AND:
BHARATHI H M
HIGH COURT OF KARNATAKA AT DHARWAD BENCH.
…RESPONDENTS
Location: HIGH COURT OF KARNATAKA
(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. MAHANTESH S. HIREMATH, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO CALL FOR RECORDS IN SPL. CASE NO. 252/2022 PENDING ON THE FILE OF HON’BLE ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-I, BELAGAVI AT BELAGAVI AND TO ALLOW THE PETITION FILED BY THESE PETITIONERS/ACCUSED NO. 1 TO 3 BY QUASHING THE ENTIRE CHARGE SHEET FILED IN SPL. CASE NO. 252/2022 (KAKATI, P.S. CRIME NO. 210/2022) U/SEC. 363, 365, 366, 376 R/W 34 OF IPC AND SEC. 4, 6 AN 17 OF POCSO ACT, PENDING TRIAL ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE FTSC-I BELAGAVI.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
This petition is filed by accused Nos.1 to 3 under Section 482 of Cr.P.C, praying to quash the charge sheet and proceedings in Special Case No.252/2022 pending on the file of Additional District and Sessions Judge FTSC-I Belagavi, registered for offences punishable under Sections 363, 365, 366, 376 r/w Section 34 of IPC and Sections 4, 6 and 17 of POCSO Act.
registered against the petitioners in a Special Case No.252/2022 and it is pending on the file of Additional District and Sessions Judge FTSC-I Belagavi. The proceedings of the said Special Case are sought to be quashed in the present petition.
NC: 2024:KHC-D:13693 CRL.P No. 103485 of 2023
petitioners in Special Case No.252/2022 pending on the file of Additional District and Sessions Judge FTSC-I Belagavi, are quashed.
Accordingly, petition is disposed of.
Sd/(SHIVASHANKAR AMARANNAVAR)
JUDGE
PJ CT: CNB List No.: 1 Sl No.: 5
1 issue framed by the court
Should the charge sheet and proceedings in Special Case No.252/2022 be quashed following the marriage of accused No.1 and the complainant?
3 provisions across 3 enactments
Adarsh S/o Krishna Pavar
Krishna S/o Kalagondi Pavar
Sadhana W/o Krishna Pavar
State of Karnataka (Police Inspector, Kakati)
Sneha W/o Adarsh Pawar
Shivashankar Amannavar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
