Karnataka High Court
Sri Narayanaswamy K V vs State Of Karnataka By on 29 January, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2025:KHC:3962
CRL.P No. 13185 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
CRIMINAL PETITION NO. 13185 OF 2024
(482(Cr.PC) / 528(BNSS))
BETWEEN:
SRI. NARAYANASWAMY K.V
S/O VENKATESHAPPA
AGED ABOUT 23 YEARS
R/AT KAMMAGUTTAHALLI VILLAGE
ERENAGAVALLI POST
CHIKKABALLAPURA TALUK AND DIST
PIN-562 104
...PETITIONER
(BY SRI. A.C. MANJUNATHA, ADVOCATE)
AND:
1. STATE OF KARNATAKA BY
CHIKKABALLAPURA WOMEN POLICE STATION
Digitally signed by
AASEEFA PARVEEN CHIKKABALLAPURA-562 104
Location: HIGH REP. BY STATE PUBLIC PROSECUTOR
COURT OF HIGH COURT OF KARNATAKA
KARNATAKA BENGALURU-560 001
2. SMT. KAVITHA
D/O VENKATESHA
AGED ABOUT 19 YEARS
R/AT KANJENHALLI VILLAGE
CHIKKABALLAPURA TALUK AND DIST
PIN-562 101
...RESPONDENTS
(BY SRI. THEJESH P, HCGP FOR R1;
SRI. H.K. PARAMESH KUMAR, ADVOCATE FOR R2)
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NC: 2025:KHC:3962
CRL.P No. 13185 of 2024
THIS CRL.P IS FILED U/S 482 OF CR.P.C (U/S 528 BNSS)
PRAYING TO QUASH THE ENTIRE PROCEEDINGS ON THE FILE
OF THE LEARNED ADDL. DISTRICT AND SESSIONS JUDGE,
FTSC-I (POCSO) AT CHIKKABALLAPURA, IN
SPL.S.C.NO.139/2022 IN CR.NO.94/2022, FOR THE ALLEGED
OFFENCES P/U/S 376(2)(n) OF IPC, U/S 5(J)(II),5(L),5(m), 6
OF THE POCSO ACT, 2012, AGAINST THE PETITIONER VIDE
ANNEXURE-A.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, petitioner has sought for the following relief:-
"WHEREFORE, the above named petitioner most respectfully pray that this Hon'ble Court be pleased to call for the entire record on the file of the learned Additional District and Sessions Judge, FTSC - I, at Chikkaballapura in Spl.S.C.No.139/2022 (in Crime No.94/2022) and further be pleased to quash the entire proceedings on the file of the learned Additional District and Sessions Judge, FTSC - I (POCSO), at Chikkaballapura in Spl.S.C.No.139/2022 (in Crime No.94/2022) for the alleged offences punishable under Section 376(2)(n) of the Indian Penal Code and under Section 5(J)(II), 5(L), 5(m) and 6 of the Protection of Children from Sexual Offences -3- NC: 2025:KHC:3962 CRL.P No. 13185 of 2024 Act, 2012, against the petitioner vide Annexure - 'A' and grant any such other relief/s as this Hon'ble Court deems fit in the fact and circumstance of the case, in the interest of justice."
2. Learned counsel for the petitioner - accused No.1 and learned counsel for 2nd respondent -
complainant have filed affidavits duly signed by the petitioner, 2nd respondent and their respective counsel and the same are taken on record.
3. Petitioner - accused No.1 and his counsel, respondent No.2 - complainant and her counsel are physically present before the Court and they admit the contents of the affidavits, which reads as under:-
"AFFIDAVIT OF PETITIONER"
I, Narayanaswamy K.V, S/o. Venkateshappa, Aged about 23 years, R/at. Kammaguttahalli Village, Erenagavalli Post, Chikkaballapura Taluk & District, PIN 562 104, now at Bengaluru, do hereby state as follows:-
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1. I submit that, I am the Petitioner in the above case and I know the facts of the case. Hence, I am deposing to.
2. I swear that, the Respondent No.1 herein has registered a case in Crime No.94/2022 for the offence punishable under Section 376(2)(n) of the Indian Penal Code and under section 5(J) (II), 5(L), 5(m) and 6 of the Protection of Children from Sexual Offences Act, 2012 against me and after investigating the case the 1st respondent filed a charge sheet before the learned Additional District and Sessions Judge, FTSC I, at Chikkaballapura against the Accused/Petitioner herein now pending on the file of the learned Additional District and Sessions Judge, FTSC-I, at Chikkaballapura.
3. I swear that, after complaint registered by the Respondent No.1 The above Criminal Petition is filed by me to quash the entire Proceedings in Spl.S.C.No. 139/2022 (in Crime No. 94/2022) for the offence punishable under section 376(2)(n) of the Indian Penal Code and under section (5)J (II), 5(L), 5(m) and 6 of the Protection of Children from Sexual Offences Act, 2012 pending on the file of the learned Addl, District and Sessions Judge, FTSC-I, (POCSO), At Chikkaballapura District, during the course of these proceedings at the intervention of -5- NC: 2025:KHC:3962 CRL.P No. 13185 of 2024 the elders and well wishers of respective family the dispute between me and the Petitioner was settled out of court
4. I swear that, during the curing of these proceedings, I have attained the age of majority and married to the petitioner on 16.06.2024. Further, I swear that, in view of Intervention of elder and well wishers of our respective family members. We settled our disputes in presence of respective well wishers in out of court, in view of the said settlement I am not interested to prosecute the above said case, As such, the said case filed by me may be quashed,
5. I swear that, I have not filed any other application for the similar relief before this Hon'ble Court along with main petition.
6. I swear that, the affidavit filed with my true and will and consent without any pressure or coercion.
7. I swear that, if the affidavit allowed no hard ship would caused to Respondent, contrary if rejected I will be put to grate hardship and inconvenience and injustice.
WHEREFORE, I pray that this Hon'ble Court be pleased to Quash the entire proceedings on the file of the learned Addl., District and Sessions Judge, -6- NC: 2025:KHC:3962 CRL.P No. 13185 of 2024 FTSC-I [POCSO], At Chikkaballapura, in Spl. S.C. No. 139/2022 (In Crime No. 94/2022) for the alleged offences punishable Under Section 376(2)(n) of the Indian Penal Code and under section 5(J) (II), 5(L), 5(m) and 6 of the Protection of Children from Sexual Offences Act, 2012 against me, in the interest of justice.
I, the deponent do hereby verify and declare that what is stated above are true and correct to the best of my knowledge, information and belief."
"AFFIDAVIT OF RESPONDENT NO.2 I, Smt. Kavitha D/o. Venkatesha, W/o. Narayanaswamy. K.V, Aged about 19 years, Residing at, Kanjenhalli Village, Chikkaballapura Taluk and District 562 101, Now at Bengaluru, do hereby state as follows:-
1. I swear that, I am the victim in the above case and I know the facts of the case, I am deposing to.
2. I swear that, on the basis of my complaint the Respondent No.1 herein has registered a case in Crime No. 94/2022 for the offence punishable under section 376(2)(n) of the Indian Penal Code and under section 5(J) (II), 5(L), 5(m) and 6 of the Protection of Children from Sexual Offences Act.-7-
NC: 2025:KHC:3962 CRL.P No. 13185 of 2024 2012 against the petitioner/accused and after investigating the case the 1st respondent filed a charge sheet before the learned Addl., District and Sessions Judge, FTSC -I, at Chikkaballaoura against the Accused/Petitioner herein now pending on the file of the learned Addl., District and Sessions Judge, FTSC-I, at Chikkaballapura.
3. I swear that, during the curing of these proceedings, I have attained the age of majority and married to the petitioner On 16.06.2024. Further, I swear that, in view of Intervention of elder and well wishers of our respective family members. We settled our disputes in presence of respective well wishers in out of court, In view of the said settlement. I am not interested to prosecute the above said case. As such, the said case filed by me may be quashed.
4. I swear that, in order to preserve the precious time of the trail court this affidavit is filed to quash the proceedings in Spl.S.C. No. 139/2022 (Crime No. 94/2022 ) pending before the learned Addl., District and Sessions Judge, FTSC-I, At Chikkaballapura for the offence punishable under Section 376(2)(n) of the Indian Penal Code and under section 5(J) (II), 5(L) 5(m) and 6 of the Protection of Children from Sexual offences Act. 2012.
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5. I swear that, I had filed this affidavit on my own and will and consent without compulsion or pressure from any one.
WHEREFORE, I pray that this Hon'ble Court may be pleased to affidavit may be taken on record and proceedings in Spl.S.C. No. 139/2022 (Crime No. 94/2022 ) , pending before the learned Addl., District and Sessions Judge, FTSC-I, At Chikkaballapura for the offence punishable under Section 376(2)(n) of the Indian Penal Code and under section 5(J) (II), 5(L) 5(m) and 6 of the Protection of Children from Sexual Offences Act. 2012 registered by Respondent No.1, Chikkaballapura Women Police Chikkaballapura District may be quash, in the Interest of justice.
I, the deponent do hereby verify and declare that what is stated above are true and correct to the best of my knowledge, information and belief."
4. In view of the aforesaid settlement entered into between the petitioner and 2nd respondent, I pass the following:
ORDER
(i) The petition is disposed of in terms of the affidavits dated 05.12.2024.-9-
NC: 2025:KHC:3962 CRL.P No. 13185 of 2024
(ii) The proceedings in Spl.S.C.No.139/2022 (arising out of Crime No.94/2022 of 1st respondent - Police) registered for the offences punishable under Sections 376(2)(n) of IPC and under Section 5(J)(II), 5(L), 5(m), 6 of the POCSO Act, 2012 pending on the file of Addl. District and Sessions Judge, FTSC-I (POCSO) at Chikkaballapura, insofar as the petitioner is concerned are hereby quashed.
Sd/-
(S.R.KRISHNA KUMAR) JUDGE AP, List No.: 1 Sl No.: 22