Kallappa S/O. Subhash Munavalli Vs the State of Karnataka

SMT. B. USHA, AGE MAJOR, OCC. DIST. CHILD PROTECTION OFFICER, R/O: DISTRICT CHILD PROTECTION UNIT OFFICE, D.C. COMPOUND, DHARWAD-01, TQ. DHARWAD, DIST. DHARWAD.

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REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH.

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… RESPONDENTS

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(BY SMT. GIRIJA S. HIREMATH, HCGP)

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2 - NC: 2025:KHC-D:10103 CRL.P No. 102445 of 2025

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HC-KAR

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THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), SEEKING TO QUASH THE CRIMINAL PROCEEDINGS AGAINST PETITIONER/ACCUSED NO.4 IN S.C. NO.72/2024 ARISING OUT OF CRIME NO.61/2013 REGISTERED BY THE DHARWAD SUB-URBAN POLICE STATION, FOR THE OFFENCES PUNISHABLE UNDER SECTION 9 AND 10 OF PROHIBITION OF CHILD MARRIAGE ACT, 2006, PENDING ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, DHARWAD AT VIDE ANNEXURE-E.

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

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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.4. in S.C. No.72 of 2024 pending before the Court of Principal District and Sessions Judge, Dharwad, arising out of Crime No.61 of 2013 registered by Dharwad Sub-Urban Police Station, Dharwad Sub-Division, Hubballi-Dharwad, for offences punishable under Sections 9 and 10 of the Prohibition of Child Marriage Act, 2006 is before this Court under Section 482 of the Cr.P.C. with a prayer to quash the entire proceedings in the aforesaid case as against him.

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Heard the learned counsel appearing for the parties.

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3 - NC: 2025:KHC-D:10103 CRL.P No. 102445 of 2025

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HC-KAR

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Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that accused Nos.1 to 3, who were tried for the charge sheeted offences in S.C. No.126 of 2016 have been acquitted and the said judgment and order of acquittal has attained finality. No purpose would be served in continuing the impugned criminal proceedings against the petitioner, who is accused No.4 in the present case. Accordingly, he prays to allow the petition

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Per contra, learned HCGP who has opposed the petition, however does not dispute the submission made by the learned counsel for the petitioner.

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FIR in Crime No.61 of 2013 was registered against four persons for the offences punishable under Sections 9 and 10 of the Prohibition of Child Marriage Act, 2006 and Sections 4, 5 and 6 of Immoral Traffic Prevention Act, 1956 and the petitioner is arrayed as accused No.4 in the FIR. After completing investigation, charge sheet was

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HC-KAR

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filed for the aforesaid offences against the four persons, who were named in the FIR. Subsequently, the case was committed to the jurisdictional Sessions Court and numbered as S.C. No.126 of 2016. Since the petitioner / accused No.4 had not appeared before the trial Court in S.C. No.126 of 2016, a split up case in S.C. No.174 of 2017

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was registered against him and accused Nos.1 to 3 were tried in S.C. No.126 of 2016. The trial Court by the judgment and order dated 17.03.2019 has acquitted accused Nos.1 to 3 who were facing similar charges and the said judgment and order of acquittal has undisputedly attained finality.

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6. Since the presence of accused No.4 could not be

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secured in the split up case in S.C. No.174 of 2017, the same was transferred to the list of long pending case and numbered as LPC No.7 of 2023. In the said proceedings, coercive steps were taken against the petitioner and ultimately his presence was secured on 28.10.2024, and thereafter a case was registered against him in S.C. No.72

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5 - NC: 2025:KHC-D:10103 CRL.P No. 102445 of 2025

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HC-KAR

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of 2024. The Order Sheet of the trial Court in S.C. No.72 of 2024 would go to show that the petitioner was granted regular bail by this Court in Criminal Petition No.100396 of 2025, disposed of on 05.03.2025.

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Be that as it may. Undisputedly accused Nos.1 to 3, who were facing similar charges, have been acquitted by the trial Court in S.C. No.126 of 2016 vide judgment and order of acquittal dated 11.03.2019. The said judgment and order of acquittal has attained finality. Therefore, continuation of the impugned criminal proceedings as against the petitioner herein is a futile exercise and waste of the precious Court time.

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Under the circumstances, I am of the opinion that, this is a fit case, wherein this Court needs to exercise its powers under Section 482 of the Cr.P.C. in order to secure the ends of justice. Accordingly, the following:

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ORDER

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(i) The Criminal Petition is allowed;

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HC-KAR

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(ii) The entire proceedings in S.C. No.72 of 2024 pending before the Court of Principal District and Sessions Judge, Dharwad, arising out of Crime No.61 of 2013 registered by Dharwad Sub-Urban Police Station, Dharwad Sub-Division, HubballiDharwad, for offences punishable under Sections 9 and 10 of the Prohibition of Child Marriage Act, 2006 stands quashed.

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Sd/(S.VISHWAJITH SHETTY) JUDGE

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Vnp / CT: BCK List No.: 1 Sl No.: 44

Kallappa S/O. Subhash Munavalli v. the State of Karnataka

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Kallappa S/O. Subhash Munavalli v. the State of Karnataka

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