Mr Ashoka @ Hanumaiah v. State of Karnataka
Case brief
What is this about?
Criminal Petition No.6294 of 2025, High Court of Karnataka at Bengaluru, Hemant Chandangoudar J., order dated 24.04.2025. Quash petition under Section 482 Cr.P.C. / Section 528 BNSS seeking quashing of charge sheet in Crime No.435/2022 (Bagepalli Police Station), cognizance order dated 25.04.2023, and proceedings in Spl.SC.No.34/2023 before Addl. District and Sessions Judge, FTSC-I (POCSO), Chikkaballapura, for offences under IPC Sections 363, 344, 376(3) and POCSO Act Sections 6 and 17. Grounds: compromise affidavit and application for compounding by survivor (minor at incident, now 19), her mother (respondent No.2) and the accused; survivor's marriage to accused No.1 on 04.04.2025; survivor's statement of consensual adolescent relationship and dependence on accused No.1. Held: object of POCSO Act is protection of minors, not criminalization of consensual adolescent relationships; trial would cause misery to survivor and child; continuation of proceedings is abuse of process; proceedings quashed qua petitioners. Keywords: POCSO quash; adolescent consensual relationship; marriage of survivor with accused; compromise affidavit; compounding; ends of justice; miscarriage of justice; abuse of process.