Basavaraja S/O. Linganna v. State of Karnataka
Case brief
What is this about?
Karnataka High Court, Dharwad Bench (Justice Hemant Chandangoudar, 21-02-2025), CRL.P No. 100949 of 2025: quashing of POCSO/IPC proceedings (Ss. 376(2)(n), 363, 506 IPC; Ss. 5(L), 6, 4(1), 17 POCSO Act) against accused Nos. 6 to 11 in Spl.C. No.1020/2021 arising from Crime No. 201/2021, Siruguppa Police Station, Ballari; grounds: amicable settlement and compounding application by parties, survivor's consent to withdraw allegations, absence of specific overt act of instigation or abetment, allegations not constituting an offence under S.17 POCSO even if accepted at face value, futility of trial and abuse of process despite offences being cognizable and noncompoundable; trial against remaining accused to continue unaffected.
What did the court decide?
Proceedings in Spl.C. No.1020/2021 pending on the file of the I Additional District & Sessions Judge and FTSC-I, Ballari quashed insofar as they relate to accused Nos. 6 to 11 (the petitioners); the learned Special Court to proceed against the other accused in accordance with law without being influenced by any observations made in the order; pending I.As. disposed of.