Allowed

Sri Sanay R v. the State of Karnataka

Karnataka HC4 Jan 2024CRL.P/13472/2023

Case brief

AI extract

What is this about?

Accused sought quashing of POCSO and rape proceedings under Section 482 Cr.P.C. Parties filed a joint compromise application. The court noted the victim's statement did not allege sexual assault, she refused medical examination and the FSL report was negative. Allowing compounding, the High Court quashed the pending special court proceedings.

What did the court decide?

Criminal proceedings in Spl.C.No.2464/2023 against the petitioner were quashed; parties permitted to compound the offence.

Sri Sanay R Vs the State of Karnataka — Child Sexual Offences (POCSO) | Karnataka HC (2024)

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NC: 2024:KHC:493 CRL.P No. 13472 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 4^TH DAY OF JANUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE K.NATARAJAN CRIMINAL PETITION NO. 13472 OF 2023

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BETWEEN:

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SRI. SANAY R S/O RAJU, AGED ABOUT 27 YEARS, R/AT NO.2/434, UDAYAGIRI GARDEN, GOBI (TALUK), OLALAKOIL (POST), ERODE, TAMIL NADU - 638 460

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…PETITIONER

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(BY SRI. M R NANJUNDA GOWDA, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA BY CHIKKAJALA POLICE STATION, BENGALURU, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS,

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Digitally signed by VEDAVATHI A K Location: High Court of Karnataka

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BENGALURU - 560 001.

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SMT. MANJULA W/O MARIMUTTU, AGED ABOUT 35 YEARS, R/AT GANTIGANAHALLI, BETTAHALASURU POST, YELAHANKA, BENGALURU - 562 157.

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…RESPONDENTS

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(BY SRI. K. NAGESHWARAPPA,HCGP FOR R1; SRI. D.N. NARASA REDDY, ADVOCATE FOR R2)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.PC PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER IN SPL.C.NO.2464/2023 (IN CR.NO.175/203 OF CHIKKAJALA POLICE) FOR THE OFFENCE P/U/S 5(n) OF 6 OF POCSO ACT AND SEC. 376(2)(f) AND

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NC: 2024:KHC:493 CRL.P No. 13472 of 2023

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376(3) OF IPC, WHICH IS PENDING ON THE FILE OF THE ADDL. CITY CIVIL AND SESSIONS JUDGE, FAST TRACK SPECIAL COURT-IV, BENGALURU.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Learned HCGP takes notice for the respondent No.1. Sri. D.N. Narasa Reddy, appears for respondent No.2.

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This petition is filed by the petitioner/accused under

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Section 482 of Cr.P.C. for quashing the Spl.C.No.2464/2023 arising out of Crime No.175/2023 registered by Chikkajala police station and charge sheeted for the offences punishable under Sections 376 (2)(f) and 376 (3) of IPC and under Section 6 of POCSO Act, pending on Addl. City Civil and Sessions Judge, Fast Track Special Court IV, Bengaluru.

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During the pendency of the petition, both petitioner and respondent No.2 along with the victim appeared before the court and filed joint compromise application along with the joint affidavit and submitted that the matter has been settled between the parties. Therefore, seeking for permission of this court to compound the offences, inturn to quash the criminal proceedings.

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3 - NC: 2024:KHC:493 CRL.P No. 13472 of 2023

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The submission of the learned counsel for the parties, is placed on record.

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Learned counsel for the petitioner further submits the FIR has been registered on 19.10.2023 where the alleged offence said to have been committed 1½ year prior to the incident. As per the statement of the victim, two years back the alleged offence has been committed, but in the 164 Cr.P.C., statement the victim has not stated anything about the sexual harassment or assault by the petitioner and she also not agreed for the medical examination and she refused to undergo medical examination. Also, the FSL report shown as 'negative' for the sexual offences. The victim also not subjected herself for the medical examination and except on the say of the de-facto complainant, the case has been registered. Even the victim not stated anything about the sexual harassment or sexual assault by the petitioner, but in fact, it reveals both of them had love affairs. The parents are trying to perform her marriage, therefore she called the petitioner and informed the parents.

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Considering the facts and circumstances of the case, I am of the view as the matter has been settled between the parties and there is not specific allegation against the petitioner

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NC: 2024:KHC:493 CRL.P No. 13472 of 2023

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for having committed offence. Also, there is no supporting medical evidence against the petitioner to constitute the offence under Section 376 of IPC or Section 6 of POCSO Act. Considering the same, I am of the view, the application filed by the petitioner and respondent No.2, deserves to be allowed. Hence, I.A.1/2024 is allowed. The parties are permitted to compound the offence.

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Accordingly, petition is allowed .

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Consequently, the criminal proceedings against the petitioner Spl.C.No.2464/2023 arising out of Crime No.175/2023 registered by Chikkajala police station and charge sheeted for the offences punishable under Sections 376 (2)(f) and 376 (3) of IPC and under Section 6 of POCSO Act, pending on Addl. City Civil and Sessions Judge, Fast Track Special Court IV, Bengaluru, is hereby quashed.

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Sd/JUDGE

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AKV List No.: 1 Sl No.: 43 CT:SK

Sri Sanay R v. the State of Karnataka

Case brief

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Sri Sanay R v. the State of Karnataka

Case brief

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