Sri Nikil @ Nikil Kumar R Vs State of Karnataka

THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE FIR IN CR.NO.201/2023 REGISTERED BY THE 1^ST RESPONDENT - MANCHENAHALLI P.S., AGAINST THE PETITITIONER FOR OFFENCES P/U/S. 366, 376 OF IPC R/W 4 OF THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012, AND SEC. 9 OF THE PROHIBITION OF THE CHILD MARRIAGE ACT, 2006, NOW PENDING ON THE FILE OF THE LD. ADDL. DISTRICT AND SESSIONS JUDGE OF FAST TRACK SPECIAL COURT-I POCSO, AT CHIKKABALLAPURA; COPY OF WHICH IS PRODUCED AS ANNEXURE - A TO THE CRIMINAL PETITION AND ETC.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,

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ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

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ORAL ORDER

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Petitioner / sole accused has preferred this petition seeking to quash the complaint and charge sheet and the criminal proceedings pending against him in Special C.No.19/2024 on the file of the Court of the learned Additional District and Sessions Judge of Fast Track Special Court-I POCSO, at Chikkaballapura.

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3 -

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NC: 2025:KHC:42467 CRL.P No. 14252 of 2025

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HC-KAR

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Charge sheet is filed against the petitioner for

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the offence punishable under Section 343, 366, 376 of IPC, Section 4 of the POCSO Act, 2012 and Section 9 of the Prohibition of Child Marriage Act.

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It is the case of the prosecution that petitioner

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was in love with the victim girl and on 22.09.2023, by inducing, kidnapped her and took her to Nakkalahalli village. Further, on 01.10.2023, he married her in front of one Anekambarayana temple by tying a turmeric thread around her neck and subjected her to penetrative sexual assault.

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An application is filed along with the affidavit of the petitioner as well as the victim girl, stating that after attaining the age of majority, the petitioner has married the victim girl on 28.07.2025 in the presence of their parents and the marriage is registered on 16.08.2025 in the office of the Registrar of Marriages at Gowribidanur vide registered No.GBD-HM00208-2025-26.

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4 - NC: 2025:KHC:42467 CRL.P No. 14252 of 2025

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HC-KAR

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Learned High Court Government Pleader has contended that as per school records the date of birth of the victim is 20.06.2006 and she was kidnapped by the petitioner on 25.09.2023 and even prior to that she was subjected to penetrative sexual assault. He contended that the petitioner has married the victim on 01.10.2023 and therefore, the proceedings cannot be quashed.

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The victim girl and the father of the petitioner are present before the Court. Victim girl has denied the allegations made against the petitioner. She would submit that she has married the petitioner on 28.07.2025 and not on 01.10.2023 as alleged by the prosecution.

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As per prosecution, date of birth of the victim is 20.06.2006 and therefore, she was aged about 17 years 3 months as on the date of commission of offence. It is alleged that the petitioner has committed penetrative sexual assault on the minor victim and married her. However, it is submitted by the victim, present before the Court, that no such incident as alleged has taken place on

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5 - NC: 2025:KHC:42467 CRL.P No. 14252 of 2025

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HC-KAR

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the other hand petitioner has married her on 28.07.2025, after she attainted majority. A copy of the invitation card and the certificate of marriage are produced wherein, it is seen that marriage was held on 28.07.2025. The registration certificate at Annexure-G indicates that the marriage was solemnized on 28.07.2025 and registered on 16.08.2025 in the office of the Registrar of Marriages, Gowribidanur.

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Admittedly, the petitioner and the victim girl are now married. The learned counsel for petitioner has relied on a decision of the Hon'ble Apex court in 'Mahesh Mukund Patel V/s. State of Uttar Pradesh and others (SLP) Crl.492/2025 Dated 28.02.2025 and contended that in an identical circumstances, the Apex Court has quashed the proceedings.

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Though offences alleged against the petitioner are non-compoundable, it is relevant to note that the victim has denied all the allegations and submitted that she has now married the petitioner after attaining the age

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6 - NC: 2025:KHC:42467 CRL.P No. 14252 of 2025

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HC-KAR

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of majority, which is evident from the certificate of marriage. In the said facts and circumstances, the proceedings against the petitioner can be quashed, to meet the ends of justice, as no purpose will be served by continuing the proceedings. Continuation of the proceedings will cause hardship and harassment not only to the petitioner but also to the victim girl. Hence, the

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following:-

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ORDER

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i) Petition is allowed .

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ii) The entire proceedings in Special C.No.19/2024 pending on the file of the Court of Additional District and Sessions Judge of Fast Track Special Court-I, POCSO, are

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quashed .

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Sd/(MOHAMMAD NAWAZ) JUDGE

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LDC CT-SG

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List No.: 1 Sl No.: 50

Sri Nikil @ Nikil Kumar R v. State of Karnataka

Case brief

What is this about?

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Sri Nikil @ Nikil Kumar R v. State of Karnataka

Case brief

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