Ravi S/O Khanappa Banase Vs the State of Karnataka

SHANTA W/O KALLAPPA MUGALI, AGE. 51 YEARS, OCC. ANGANWADI SUPERVISOR, R/O. OFFICE OF CHILD WELFARE DEVELOPMENT OFFICER, NIPPANI, R/O. NEAR BUS STAND, NERLI, TQ. HUKKERI, DIST. BELAGAVI-591 208.

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NC: 2025:KHC-D:10906 CRL.P No. 100899 of 2025

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HC-KAR

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SIDDHAROOD G. HORATI,

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AGE. 40 YEARS, OCC. AGRICULTURE, R/O. WADARATTI, TQ. MUDALAGI, DIST. BELAGAVI.

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… RESPONDENTS

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(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; R2-SERVED; SRI. ANAND D. BAGEWADI, ADVOCATE FOR R3)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO QUASH PROCEEDINGS IN SPL. CASE NO.479/2024 PENDING ON THE FILE OF THE ADDL. DISTRICT AND SESSIONS JUDGE FTSCI, BELAGAVI, CRIME NO.40/2024 IN KHADAKALAT POLICE STATION, FOR THE OFFENCES PUNISHABLE UNDER SECTION 149 OF THE IPC AND SECTION 17 OF POCSO ACT AND SECTIONS 9, 10, 11 OF THE CHILD MARRIAGE RESTRAINT ACT, AGAINST THE PETITIONER/ACCUSED NO.10, IN THE INTEREST OF JUSTICE.

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THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER:

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NC: 2025:KHC-D:10906 CRL.P No. 100899 of 2025

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HC-KAR

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ORAL ORDER

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(PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY)

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Accused No.10 is before this Court under Section 482 of Cr.P.C. with a prayer to quash the entire proceedings in Spl. C. No.479/2024 pending before the Court of Addl. District & FTSC-1, Belagavi, arising out of Crime No.40/2024 registered by Khadakalat P.S., Nippani Circle, Belagavi District, registered for the offences punishable under Section 149 of the IPC, Sections 17 of the POCSO Act and Sections 9, 10 and 11 of the Child Marriage Restraint Act.

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Heard the learned counsel for the parties.

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The learned counsel for the petitioner and the learned counsel appearing for respondent No.3 jointly submits that dispute between the parties has been amicably settled. Only allegation against the petitioner is that he had instigated accused no.1 and also had assisted him to marry the victim girl, who is a minor. They submit that petitioner is selected for training in Indian Army and pendency of this

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case has been causing hardship to him. They also submit that allegations against the petitioner are not grave in nature and since they are all relatives, they intend to give quietus to the dispute between the parties which would help the petitioner to build a career for himself.

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Learned HCGP however brings to notice of this Court that charge sheet has been filed for non compoundable offences.

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FIR in the present case was registered against accused no.1 Mahantesh Birappa Banasi and other unknown persons initially, for the offences punishable under Section 376(2)(i)(n) of IPC, Sections 9, 10 and 11 of the Child Marriage Restraint Act and Sections 4 an6 of the POCSO Act 2012 based on the first information dated 10.06.2024 received from respondent no.2 who was working as a Anganawadi Supervisor at Nerli Village, Hukkeri taluk. In the first information which was submitted on 10.06.2024, it is alleged that marriage of the victim girl was performed

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HC-KAR

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with accused no.1 and thereafter, they lived together as husband and wife. Victim girl subsequently got pregnant and after getting information about the same, the first informant had approached the police station. After completing investigation, charge sheet has been filed in the present case against 13 persons. Petitioner is arraigned as accused no.10 in the charge sheet. As against the petitioner, charge sheet has been filed for the offences punishable under Section 149 of IPC, Sections 9, 10 and 11 of the Child Marriage Restraint Act and Section 17 of the POCSO Act 2012.

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The allegation against the petitioner is that he had assisted accused No.1 for marrying the victim girl and after the marriage he had also abated accused No.1 to commit the offence punishable under the provisions of the POCSO Act.

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Perusal of the material on record would go to show that the petitioner is the relative of accused No.1, who

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had married the victim girl and had sexual intercourse with

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her after the marriage. The dispute between the parties, who are all the relatives has been now amicably settled and the application under Section 359 read with Section 528 of the BNSS, 2023 has been filed by the parties seeking permission of this Court to compound the alleged offence for which the charge sheet has been filed against the petitioner.

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The said application is taken on record.

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The application is signed by the petitioner and by the father of the victim girl, who is cited as CW7 in the charge sheet. The application is also signed by the advocates appearing for the respective parties. The parties who are present before the Court are identified by their respective advocates. In the application at paragraph Nos.2 and 3, it is stated as follows:

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“2. The petitioner submits that the CW7 is the father of the victim / CW6, as victim / CW6 is minor and CW7 being father of the CW6 / victim is necessary and proper party, as the

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proposed respondent No.3 can protect the interest of CW6 / victim.

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3. The petitioner submits that no loss or hardship will be caused to the respondents, if the application is allowed and no contrary if rejected, the petitioner will be subjected untold hardship and mental agony?”

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The Hon'ble Supreme Court in the case of RAMGOPAL AND ANOTHER VS. STATE OF MADHYA PRADESH¹ has observed that notwithstanding the limitation provided under Section 320 of the Cr.P.C., this Court in exercise of its power under Section 482 of the Cr.P.C. can quash criminal proceedings even registered for non-compoundable offence, taking into consideration the gravity of the offence, the relationship between the parties and the nature of settlement between them. In the present case, the parties have stated that the settlement is voluntary, without there being any undue influence and coercion. They have also stated that at the intervention of the well-wishers of both the parties, who are relatives, since

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1 AIR 2022 (14) SCC 531

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the petitioner is now selected to undergo training in Indian Army and they intend to give quietus to the dispute between them insofar as the petitioner is concerned.

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Under the circumstances, I am of the opinion

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that this is a fit case, wherein this Court is required to exercise its inherent powers under Section 482 of the Cr.P.C. in order to do complete justice. Accordingly, the following:

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ORDER

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(i) The criminal petition is allowed.

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(ii) The entire proceedings in Spl. C. No.479/2024 pending before the Court of Addl. District & FTSC-1, Belagavi arising out of Crime No.40/2024 registered by Khadakalat P.S., Nippani Circle, Belagavi District, registered for the offences punishable under Section 149 of the IPC, Sections 17 of the POCSO Act and Sections

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