Sri. Zabi Ulla Vs State by — Child Sexual Offences (POCSO) | Karnataka HC (2025)

Sri. Zabi Ulla Vs State by — Child Sexual Offences (POCSO) | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Quashing of the entire proceedings in Spl. SC No.2936/2023 (Spl.C.C.No.2936/2023) pending on the file of the Additional City Civil and Sessions Judge, Fast Track Special Court-I, Bangalore City.

Issue for consideration

Whether the continuation of criminal proceedings against the petitioners-accused in Spl.C.C.No.2936/2023 constitutes an abuse of the process of law such that the proceedings should be quashed under Section 482 Cr.P.C.

Court's answer

Although the offences are cognizable and non-compoundable, considering that the survivor is approximately 19 years and 4 months old and a baby girl was born from the wedlock between accused No.1 and the survivor, subjecting the petitioners-accused to trial would result in their incarceration, causing further misery and agony to the survivor and the child rather than serving the ends of justice; the petitioners-accused are illiterate and the marriage was performed due to ignorance of the law, so the continuation of criminal proceedings would constitute an abuse of the process of law.

Ratio / Principle

The petition is allowed and the impugned proceedings in Spl. SC No.2936/2023 on the file of the Additional City Civil and Sessions Judge, Fast Track Special Court-I, Bangalore City are quashed.

Detailed headnote1 paragraphs

Quashing — S.482 Cr.P.C. — Charges under Ss.363, 366 IPC, Ss.3(a), 4, 5(j)(ii), 5(l), 6 POCSO Act, 2012 and S.9 Prohibition of Child Marriage Act, 2006 — Prosecution case that petitioners-accused, knowing the daughter of accused No.2 was a minor, solemnized her marriage with accused No.1, who then committed forcible sexual intercourse; a girl child was born of the wedlock. Accused and survivor (now about 19 years 4 months old) filed a joint affidavit stating the marriage occurred due to inadvertence and ignorance of the law; the child is about six months old and both survivor and child depend solely on the accused. Though the offences are cognizable and non-compoundable, trial would mean incarceration causing further misery and agony to the survivor and child rather than serving the ends of justice; the accused are illiterate and married out of ignorance of law. Continuation of criminal proceedings held to be an abuse of the process of law; petition allowed and proceedings in Spl. SC No.2936/2023 (Fast Track Special Court-I, Bengaluru) quashed.

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NC: 2025:KHC:9201 CRL.P No. 5806 of 2024

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 4^TH DAY OF MARCH, 2025

BEFORE

THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 5806 OF 2024

BETWEEN:

SRI. ZABI ULLA S/O SHAFI ULLA AGED ABOUT 23 YEARS R/AT 14^TH CROSS OPPOSITE TO MECCA MASJID MANGAMMANAPALYA BANGALORE-560068.

SRI SARDAR SALEEM S/O SHAIK ABDUL MAZID AGED ABOUT 42 YEARS NO.16, 4^TH FLOOR SYED KHALEEL MANSION

3^RD CROSS, NEAR KAJA MASJID MANGAMMANAPALYA

BANGALORE CITY-560068.

Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA

SMT. RESHMA W/O SARDAR SALEEM AGED ABOUT 40 YEARS NO.16, 4^TH FLOOR SYED KHALEEL MANSION 3^RD CROSS, NEAR KAJA MASJID MANGAMMANAPALYA BANGALORE CITY-560068.

SRI SHAFI ULLA S/O SHEIK SAHEB SAHBE AGED ABOUT 52 YEARS R/AT 14^TH CROSS NEAR MEKKA MASJID ROAD MANGAMMANAPALYA-560068.

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NC: 2025:KHC:9201 CRL.P No. 5806 of 2024

SMT. AKTHAR W/O SHAIFIULLA AGED ABOUT 24 YEARS R/AT FLAT NO.11, 1^ST FLOOR ISRAATH MANJIL BUILDING 2^ND MAIN 13^TH CROSS, RAJIVGANDHI NAGARA 7^TH STAGE, HSR LAYOUT BOMMANAHALLI POST BANGALORE CITY-560 068.

…PETITIONERS

(BY SRI. RANGANATH REDDY R., ADVOCATE FOR SRI. RAJATH, ADVOCATE)

AND:

STATE BY BANDEPALYA POLICE STATION BANGALORE DISTRICT-560001 REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA.

SUPERVISOR CHILD DEVELOPMENT OFFICER BTM LAYOUT CIRCLE 1^ST FLOOR, BBMP BUILDING NR COLONY, BANGALORE CITY-560066.

…RESPONDENTS

(BY SRI. M.R. PATIL, HCGP FOR R-1; SRI MUNE GOWDA M., ADVOCATE FOR R-2)

THIS CRL.P. IS FILED U/S. 482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS ARISING OUT OF CASE IN CR.NO.210/2023 REGISTERED BY BANDEPALYA POLICE IN FAST TRACK COURT-1, CITY COURT COMPLEX, BENGALURU AND THE SAME HAS BEEN CHARGE SHEETED AND PENDING AS SPL.C.C.NO.2936/2023 FOR THE OFFENCES PUNISHABLE UNDER SECTION 363, 366 OF IPC AND SECTION 3(a), 4, 5(j),(ii), 5(L), 6 OF POCSO ACT 2012 NOW PENDING ON THE

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NC: 2025:KHC:9201 CRL.P No. 5806 of 2024

FILE OF THE ADDITIONAL CC AND SESSIONS JUDGE, FAST TRACK SPL.COURT I BENGALURU CITY.

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

CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

ORAL ORDER

The petitioners-accused, who have been charge-sheeted for offences punishable under Sections 363 and 366 of the Indian Penal Code (IPC), as well as Sections 3(a), 4, 5(j)(ii), 5(L), and 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012, and Section 9 of the Prohibition of Child Marriage Act, 2006, are before this Court seeking relief.

The prosecution alleges that the petitioners-accused, fully aware that the daughter of petitioner No.2 (accused No.2) was a minor at the time of the incident, solemnized her marriage with accused No.1, and thereafter, accused No.1 committed forcible sexual intercourse with her. As a result of this wedlock, a girl child was born.

The petitioners-accused and the survivor are present before this Court and have filed a joint affidavit stating that the marriage of the daughter of accused No.2—alleged to be a minor— was solemnized with accused No.1 due to inadvertence and ignorance of the law. The affidavit further states that from the said wedlock, a girl child was born who is approximately six months old as of today, and that if the petitioners-accused are subjected to trial, it would result in their incarceration, thereby causing additional

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NC: 2025:KHC:9201 CRL.P No. 5806 of 2024

agony and misery. It is also stated that the survivor and her child are solely dependent on the petitioners-accused for their daily needs.

4. The joint affidavit is placed on record.

Although the offences are cognizable and noncompoundable, considering that the survivor is approximately 19 years and 4 months old as of today and that a baby girl was born from the wedlock between accused No.1 and the survivor, subjecting the petitioners-accused to trial would result in their incarceration, thereby causing further misery and agony to the survivor and the child rather than serving the ends of justice. Moreover, the petitioners-accused are illiterate, and the marriage was performed due to ignorance of the law. Under these circumstances, the continuation of criminal proceedings would constitute an abuse of the process of law.

6. Accordingly, the petition is allowed.

7. The impugned proceedings in Spl. SC No.2936/2023 on the file of Additional City Civil and Sessions Judge, Fast Track Special Court-I, Bangalore City is hereby quashed.

Sd/(HEMANT CHANDANGOUDAR) JUDGE

HR