Karnataka High Court
Sri Aruna J vs The State Of Karnataka on 21 October, 2022
Author: K.Natarajan
Bench: K.Natarajan
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF OCTOBER, 2022
BEFORE
THE HON'BLE MR. JUSTICE K.NATARAJAN
CRIMINAL PETITION NO.9132 OF 2022
BETWEEN
SRI ARUNA J
S/O JAIPAL
AGED ABOUT 31 YEARS
R/A NO.51/9
C/O RAJU HOUSE
3RD CROSS, 2ND MAIN
NEAR VEENA SCHOOL
LAKSHMIDEVINAGAR
LAGGERE
BENGALURU-560032 ... PETITIONER
(BY SRI PRABHUGOUDA B TUMBIGI, ADVOCATE)
AND
1 . THE STATE OF KARNATAKA
BY NANDINI LAYOUT POLICE
BENGALURU
REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT COMPLEX
BANGALORE-560 001
2 . SIVAKALA
W/O SHANKAR
AGED ABOUT 44 YEARS
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R/AT NO.121, IST MAIN
KRISHNANDANAGARA
NANDINI LAYOUT
BENGALURU-560096
... RESPONDENTS
(BY SRI R.D. RENUKARADHYA, HCGP FOR R1
SMT. SUNANDA SARKAR, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CODE OF CRIMINAL PROCEDURE PRAYING TO
QUASH THE ENTIRE PROCEEDINGS IN (CR.NO.235/2016)
S.C.NO.232/2017 REGISTERED BY NANDINI LAYOUT P.S.,
BENGALURU FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 363,376 OF IPC AND SECTIONS 5(L),6 OF
POCSO ACT AND SECTION 3(2)(V) OF SC/ST ACT NOW
THE CASE IS PENDING ON THE FILES OF II ADDITIONAL
CITY CIVIL AND SESSIONS JUDGE AT BENGALURU.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioner-accused under Section 482 of Cr.P.C. for quashing the criminal proceedings in S.C.No.232/2017 pending on the file of FTSC-II registered by Nandini Layout Police Station for the offences punishable under Sections 363, 376 of IPC, Section 6 of the POCSO Act and Sections 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
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2. Heard the arguments of learned counsel for the petitioner, learned High Court Government Pleader for respondent No.1-State and learned counsel for the respondent No.2.
3. During pendency of this petition, the petitioner and respondent No.2-mother of victim have filed joint affidavit and submits that they have already settled their issues. Both victim and the petitioner are living together as husband and wife. The victim is aged about 23 years and their marriage also registered. Both of them seeking permission to settle the issue and quash the criminal proceedings.
4. The learned High Court Government Pleader objected for the same on the ground that the case is registered under POCSO Act and the special enactment. Therefore, there shall not be any settlement in this case.
5. Having heard the arguments and on perusal of the records, of course, the learned counsel for the 4 petitioner has relied upon the judgments of the Delhi High Court in the case of Ankit Tyagi vs. State in Crl.M.C.463/2015 as well as the Madras High Court in the case of Prakash vs. The State and another and also the Co-ordinate Bench of this Court in the case of Rama vs. State of Karnataka in Crl.P.No.6214/2022 dated 02.08.2022 and submits that the Co-ordinate Bench of this Court has quashed the criminal proceedings in similar set of facts where the offence was committed under the POCSO Act as well as under Section 376 of IPC. The judgment of the Co-ordinate Bench is also produced before this Court, where the Co-ordinate Bench has relied upon the various judgments which are as under:
(i) Dinesh Sharma v. State - Crl.M.C.1002/2021 DD 24.03.2021.
(ii) Haider v. State - Crl.M.C.564/2022 DD 07.02.2022.
(iii) Anil v. State of Karnataka -
Crl.P.No.201199/2021 DD 28.10.2021.
(iv) State of Madhya Pradesh v. Laxminarayan
- (2019)5 SCC 688.
5The Co-ordinate Bench has accepted the compromise by setting aside the criminal proceedings against the petitioner-accused therein.
6. Of course, the age of the victim at the time of incident was about 17+ years. Both of them were fell in love, eloped, thereafter, they said to be married and subsequently, they lived as husband and wife. The complaint filed by the mother for abduction and subsequently, the police have filed the charge-sheet and a case was referred for recording the evidence, where the victim was also said to be rendered some evidence in favour of prosecution. However, in the presence of the parents of both accused and the victim, the marriage was performed, subsequently, it was registered before the Registrar of Marriage. The accused-petitioner, victim and respondent No.2-mother of the victim appeared before the Court and submits that the petitioner and the victim are living peacefully and they are not interested to prosecute the matter. On the similar set of facts, the Co-ordinate 6 Bench of this Court as well as the Madras High Court and Delhi High Court have quashed the criminal proceedings.
7. Considering the facts and circumstances of the case, of course, the learned High Court Government Pleader objected the petition as the case is under POCSO Act and SC/ST (POA) Act. The offence must be committed with an intention to insult the SC/ST members which is punishable under Section 3(1) of the said Act. But here in this case, both of them loved each other, married and living together as husband and wife. Such being the case, the question of continuing the process in SC/ST (POA) Act is nothing but abuse of process of law. That apart, even when the victim herself is ready to compromise the matter and leading life with the accused, continuing to allow criminal proceedings is abuse of process of law and no purpose would be served if the victim turns hostile during trial and the question of conducting investigation against the petitioner by the investigation officer is a futile exercise. Therefo re, I am of the view, when the parties 7 are settled their issues and living together as husband and wife, there is no need to continue the proceedings against the petitioner. Therefore, the joint affidavit filed by the petitioner, victim and respondent No.2 is hereby accepted.
8. Consequently, criminal petition is allowed. The criminal proceedings against the petitioner- accused in S.C.No.232/2017 pending on the file of FTSC-II is hereby quashed.
Sd/-
JUDGE GBB