Karnataka High Court
Umesh.T vs State By Bharamasagara Police on 6 February, 2026
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2026:KHC:7478
CRL.P No. 1943 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 1943 OF 2026
BETWEEN:
UMESH T.,
S/O THIMMAPPA @ THIMMANNA,
AGED ABOUT 30 YEARS,
R/AT ADAVIGOLLARAHATTI VILLAGE,
CHITRADURGA TALUK AND DISTRICT - 577 521.
...PETITIONER
(BY SRI. KIRAN KUMAR H., ADVOCATE)
AND:
1. STATE BY
BHARAMASAGARA POLICE,
CHITRADURGA DISTRICT,
Digitally
signed by REPRESENTED BY
SANJEEVINI J STATE PUBLIC PROSECUTOR,
KARISHETTY
Location: HIGH COURT OF KARNATAKA,
High Court of
Karnataka BENGALURU - 560 001.
2. DEVAKKAVVA BHIMAKKANAVAR,
W/O SHIVANANDAPPA M.K,
AGED ABOUT 45 YEARS,
CHILD WELFARE OFFICER,
BHARAMASAGARA PROJECT,
CHITRADURAGA TALUK,
CHITRADURGA DISTRICT - 577 501.
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NC: 2026:KHC:7478
CRL.P No. 1943 of 2026
HC-KAR
3. VICTIM
XXXXX
XXXXX
...RESPONDENTS
(BY SRI. B.N.JAGADEESHA, ADDL.SPP FOR R-1;
SRI. N.M.GUFRAN, ADVOCATE FOR R-3)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528
BNNS) PRAYING TO QUASH THE ENTIRE CHARGE SHEET IN
SPL.C (POCSO) NO.194/2025 ARISING IN CR.NO.378/2025
REGISTERED BY THE RESPONDENT NO.1 POLICE/
BHARAMASAGARA P.S. FOR THE ALLEGED OFFENCES P/U/S
137(2), 64(2)(m) OF BNS, 2023 AND SEC.4, 5(L), 6 OF POCSO
ACT, 2021 AND SEC.9 OF PROHIBITION OF CHILD MARRIAGE
ACT AND SEC.75 OF JUVENILE JUSTICE (CARE AND
PROTECTION OF CHILDREN) ACT, 2015 ON THE FILE OF THE
HONBLE 2ND ADDL. DISTRICT AND SESSIONS JUDGE,
CHITRADURGA.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioner is before this Court seeking quashment of the proceedings in Spl.C.(POCSO).No.194 of 2025 pending before the II Additional District and Sessions Judge, Chitradurga, for the offences punishable under Sections 137(2) and 64(2)(m) of the BNS, 2023; Sections 4, 5(l) and 6 of the Protection of Children from Sexual Offences Act, 2021;
-3-NC: 2026:KHC:7478 CRL.P No. 1943 of 2026 HC-KAR Section 9 of the Prohibition of Child Marriage Act, 2006 and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015, on the ground that the victim and the accused have got married.
2. Heard Sri.Kiran Kumar H, learned counsel appearing for the petitioner, Sri.B.N.Jagadeesha, learned Addl.
SPP appearing for respondent No.1, Sri.N.M.Gufran, learned counsel appearing for respondent No.3 and have perused the material on record.
3. Respondent No.3 was a minor aged around 17 years at the relevant point in time, when she became a victim at the hands of the petitioner-accused. It transpires that the petitioner - accused marries the respondent No.3 - victim on 17-04-2024, and the marriage is consummated when the victim is still a minor. From the wedlock, a child is born on 20-08-2025. Based on the aforesaid information, the respondent No.2 - informant lodges a complaint before the respondent No.1 - police which becomes a crime in Crime No.378 of 2025. The police after investigation, file a charge sheet against the petitioner-accused. The concerned Court after -4- NC: 2026:KHC:7478 CRL.P No. 1943 of 2026 HC-KAR taking cognizance of the aforesaid offences, registers a case in Spl.C.(POCSO).No.194 of 2025. Therefore, the subject petition is filed seeking quashment of the proceedings, on the score that, if further proceedings are continued, it would prejudice their married life.
4. The issue now would be, whether on account of marriage, the proceedings against the petitioner-accused could be quashed or otherwise. This issue need not detain this Court for long or delve deep into the matter. The Apex Court in the case of MAHESH MUKUND PATEL v. STATE OF U.P. AND OTHERS 1 has held as follows:
"5. On the last date, we had directed learned counsel appearing for the State to get the marriage certificate relied upon by the parties duly verified. Accordingly, an affidavit has been filed by Dr. Atul Tripathi, ACP, Sarnath in which it is stated that the marriage certificate has been verified and it is found to be genuine and in fact a true copy thereof has been produced along with the affidavit.
6. Our attention is invited to the affidavit filed by the third respondent in which she has accepted the fact that she is happily married to the appellant and they have been residing together. She has disclosed her date of birth as 20th July, 1998. In the record of the Primary School, as can be seen from document at Annexure 'P-1', the date of birth of the third respondent is shown as 20th July, 1998. Ossification test was conducted during the 1 [2025 SCC Online SC 614] -5- NC: 2026:KHC:7478 CRL.P No. 1943 of 2026 HC-KAR investigation. The report of the test is that on the date of commission of the offence, the age of the third respondent may be between 17½ years to 19 years. There are documents on record to show that the date of birth of the third respondent was 20th July, 1998. Therefore, when the offence was allegedly committed in September, 2016 she was already a major.
7. Now that the appellant and third respondent are happily married, no purpose will be served by continuing the prosecution as it will cause undue harassment to the appellant, the third respondent and their children.
8. Coming to the impugned order, we find that the marriage certificate was placed on record before the High Court. In fact, no objection by the first informant is also recorded in the impugned order. Surprisingly, the High Court instead of entertaining the petition for quashing on the ground of settlement, has observed that the application for dropping criminal proceedings on the basis compromise may be moved before the Trial Court. The High Court completely lost sight of the fact that the Trial Court could not have recorded the settlement and in fact, this was a fit case for the High Court to have exercised its jurisdiction under Section 482 of the Cr. P.C. by quashing the proceedings. Unnecessarily, the parties have been forced to come to this Court.
9. The impugned order is set aside. FIR No. 567 of 2016 registered with Cholapur Police Station, District Varanasi and proceedings of the Sessions Trial No. 1332 of 2021 pending before the Special Judge, POCSO Act, Varanasi are hereby quashed."
(Emphasis supplied) The Apex Court in the aforesaid case observes that, continuation of the criminal proceedings would lead to undue -6- NC: 2026:KHC:7478 CRL.P No. 1943 of 2026 HC-KAR harassment of the accused and victim who are happily married and also to their children.
5. The parties to the lis have filed an application under Section 528 r/w Section 359 of the BNSS, 2023 before this Court seeking permission to compound the offences supported by the Joint Affidavit of the petitioner and respondent No.3. The Joint affidavit of the petitioner and respondent No.3, reads as follows:
"We, 1) Umesh.T S/o Thimmappa @ Thimmannna, aged about 30 years, R/at Adavigollarahatti Village, Chitradurga Taluk and District -577521, 2) Keerthana D/o Shivamurthy, aged about 19 years, R/at Adavigollarahatti Village, Baramasagara Hobli Chitradurga Taluk and District -577521, Now at Bangalore, do hereby solemnly make oath and affirm on state as follows;
1) We submit that, the petitioner preferred this petition to quash the entire proceedings in SPL.C(POCSO).
No.194/2025 arising in Crime No.0378/2025 registered by the Respondent No.1 Police/Bharamasagara Police Station for the alleged offences under section 137(2), 64(2)(m) of BNS-2023 and Section 4, 5(L), 6 of protection of Children from Sexual offence Act -2021 and Section 9 of Prohibition of Child Marriage Act and Section-75 of Juvenile Justice (care and Protection of Children) Act-2015, on the file of the Hon'ble 2nd ADDL. DISTRICT AND SESSIONS JUDGE CHITRADURGA.
We submit that, the petitioner is husband of respondent No.3, out of wedlock 1-female baby born on 20.08.2025 and we both are living peacefully with female baby, and no dispute is in between us and no difference in between -7- NC: 2026:KHC:7478 CRL.P No. 1943 of 2026 HC-KAR us and hence, and there is peace among the respondent No.3- victim and the accused and the victim does not wish to prosecute the criminal case.
3) We submit that, in view of mutual settlement between the petitioner and respondent No.3 voluntarily and of her own free will, without any force and coercion, has no objection to quash the entire proceedings in SPL.C(POCSO).No.194/2025 arising in Crime No.0378/2025 registered by the Respondent No.1 Police/Bharamasagara Police Station for the alleged offences under section 137(2), 64 (2) (m) of BNS-2023 and Section 4, 5(L), 6 of Protection of Children from Sexual Offence Act -2021 and Section 9 of Prohibition of Child Marriage Act and Section-75 of Juvenile Justice (Care and Protection of Children) Act-2015, on the file of the Hon'ble 2nd Addl. District and Sessions Judge Chitradurga.
WHEREFORE, we the petitioner and the respondent No.3 most respectfully pray that this Hon'ble Court may kindly be pleased to quash the entire proceedings in SPL.C(POCSO).No.194/2025 arising in Crime No.0378/2025 registered by the Respondent No.1 Police/Bharamasagara Police Station for the alleged offences under section 137(2), 64(2)(m) of BNS-2023 and Section 4, 5(L), 6 of protection of Children from Sexual offence Act -2021 and Section 9 of Prohibition of Child Marriage Act and Section-75 of Juvenile Justice (care and Protection of Children) Act-2015, on the file of the Hon'ble 2nd Addl. District and Sessions Judge at Chitradurga, in the interest of justice and equity.
We do hereby declare that what is stated in this affidavit is true and correct to the best of our knowledge, belief and information and to that effect we have signed this affidavit."
6. In the light of the judgment of the Apex Court and the marriage of the accused with the victim on 17.04.2024, I deem it appropriate to obliterate the proceedings with a rider -8- NC: 2026:KHC:7478 CRL.P No. 1943 of 2026 HC-KAR that in the event, the petitioner would leave the lady in lurch, the proceedings in Spl.C.(POCSO).No.194 of 2025 would get revived.
7. For the aforesaid reasons, the following:
ORDER
(i) The criminal petition is disposed.
(ii) The proceedings in Spl.C.(POCSO). No.194 of 2025 pending on the file of the II Additional District and Sessions Judge, Chitradurga, stand quashed qua the petitioner-accused.
(iii) In the event the petitioner-accused would leave the victim in the lurch later, the impugned proceedings would spring back by its revival.
Ordered accordingly.
Sd/-
(M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 82