Karnataka High Court
Sri B Ganesha vs The State Of Karnataka on 24 July, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2025:KHC:28877
CRL.P No. 10552 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
CRIMINAL PETITION NO. 10552 OF 2025 (482(Cr.PC) / 528(BNSS)
BETWEEN:
SRI B GANESHA
S/O.BABANNA,
AGED ABOUT 30 YEARS,
R/A. VAJRANAGENAHALI VILLAGE,
MULBAGAL TALUK,
KOLAR DISTRICT-563 131
...PETITIONER
(BY SRI. NANJUNDA GOWDA M R.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY NANGLI POLICE REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
DR.AMBEDKER VEEDHI,
BENGALURU - 560 001.
2. SRI. KRISHNAPPA S/O.VENKATARAMANAPPA,
Digitally AGED ABOUT 42 YEARS,
signed by R/A. VAJRANAGENAHALLI VILLAGE,
CHANDANA B MULBAGAL TALUK, KOLAR-563 131
M
Location: ...RESPONDENTS
High Court of (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R-1
Karnataka
SRI. Y.S. PRAVEEN KUMAR, ADVOCATE FOR R-2)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) TO
QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONERS IN
SPL.S.C IPC AND SEC/ST NO.7/2022 ARISING OUT OF CR.NO.58/2022 OF
NANGLI P.S. FOR THE OFFENCE P/U/S 363,376(2)(i) OF IPC AND SEC.6
OF POCSO ACT 2012 AND SEC.3(1)(w)(i)(ii) AND 3(2)(v) OF SC/ST (POA)
NOW PENDING ON THE FILE OF ADDL.DISTRICT AND SESSIONS JUDGE
FTSC-I (POCSO) AT KOLAR
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NC: 2025:KHC:28877
CRL.P No. 10552 of 2025
HC-KAR
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 seeks followings reliefs.
" i) Call for L.C.R. in Spl.S.C. IPC and SC/ST No.07/2022 arising out of Crime No.58/2022 of Nangli Police Station for the offences punishable under Section 363, 376(2)
(i) of IPC and Section 6 of POCSO Act, 2012 and Section 6 of POCSO Act, 2012 and Section 3(1) (w) (i) (ii) and 3(2) (v) of SC/ST (POA) now pending on the file of Additional District and Sessions Judge FTSC-I (POCSO) at Kolar.
ii) Quash the entire proceedings against the petitioner in Spl. S.C. IPC and SC/ST No.07/2022 arising out of Crime No.58/2022 of Nangli Police Station for the offences punishable under Section 363, 376(2) (i) of IPC and Section 6 of POCSO Act, 2012 and Section 3(1) (w) (i) (ii) and 3(2) (v) of SC/ST (POA) now pending on the file of Additional District and Sessions Judge FTSC-1(POCSO) at Kolar.
iii) Pass any other order/s as deems fit in the facts and circumstances of the case in the interest of justice."
2. Learned counsel for the petitioner - accused has filed an application I.A.2/2025 accompanied by Joint Affidavit duly signed by the petitioner, 2nd respondent and victim and their respective counsel and the same are taken on record.
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3. Petitioner - accused, respondent No.2, victim and their counsel are physically present before the Court and they admit the contents of the application under Section 320(2) read with Section 482 of Cr.P.C duly filed along with Joint Affidavit, which reads as under:-
" Application Under Section 320(2) R/w Section 482 of Cr.P.C.
The petitioner above named begs to submit as follows:
That for the reasons sworn to in the accompanying affidavit that this Hon'ble Court be pleased to permit the Petitioner and the 2nd Respondent to compound the offences Punishable under Sections 363, 376(2) (i) of IPC and Section 6 of POCSO Act, 2012 and Section 3(1) (w) (i) (ii) and 3(2) (v) of SC/ST Act and the same is pending in Spl. C.No.7/2022 now which is pending on the file of the Additional District and Sessions Judge FTSC-I at Kolar and Quash the entire proceedings in the interest of justice."
JOINT AFFIDAVIT " We , 1) B. Ganesha S/o. Babanna, Aged about 30 years, R/a. Vajarangenahalli Vilalge, Mulbagal Taluk, Kolar - 563 136.
2. Krishnppa, S/o Venkatramanappa, Aged about 42 years, R/a. Vajranagenahalli Village, Mulbagal Taluk, Kolar- 563-131.
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3. Yashasvini.K W/o Ganesh, aged about 20 years, R/a. VAjranagenahalli Village, Mulbagal Taluk, Mallanayakanahalli Post, Kolar - 563 136 now come to Bengaluru. Do hereby affirm and state on oath as follows:
We, submit that, we know the facts and circumstances of the case, Hence, we are swearing to this affidavit.
2) We, submit that, Deponent No.2 is the complainant and father of Deponent No.3 and the Petitioner and Deponent No.3 are married and their marriage was solemnized on 28.08.2023 at Sri. Lakshmi Narasimha Swamy Temple, Mulbagal and the same is registered in Office of Registrar of Marriages at Mulbagal having registered No. MBL-HM235-2-23-24 and stored in CD No.MBLM18, dated:10.11.2023 and out of the said wedlock they are blessed with one girl baby on 18.08.2024 and hence the complainant and the victim has agreed for compounding of the offences punishable under Section 363, 376(2) (i) of IPC and Section 6 of POCSO Act, 2012 and Section 3(1) (w)
(i) (ii) and 3(2) (v) of SC/ST (POA) Act.
3) We submit that, as per the advise of the elders and well wishers and friends, all of us have agreed for compromise to a lead a happy and peacefully life in the society.
4) It is submitted that, the Petitioner (Deponent No.1) and victim girl (Deponent No.3) are married and residing together by leading a happy life along with their Child. Under the aforesaid facts and circumstances of the case, we are before this Hon'ble Court with a prayer to -5- NC: 2025:KHC:28877 CRL.P No. 10552 of 2025 HC-KAR compound the offences and quash the entire proceedings now pending.
Wherefore, all of us pray that, this Hon'ble Court be pleased to permit us to compromise the above case and allow the accompanying application and quash the proceedings now pending in Spl.S.C.IPC and SC/ST No.07/2022 arising out of Crime No.58/2022 of Nangli Police station for the offences punishable under Section 363, 376(2)
(i) of IPC and Section 6 of POCSO Act, 1012 and Section 3(1) (w) (i) (ii) and 3(2) (v) of SC/ST (POA) Act now pending on the file of Additional District and Sessions Judge FTSC- I(POCSO) at Kolar, to meet the ends of justice.
We the Deponents do hereby state that what is stated in the above mentioned paragraphs are true to the best of our knowledge, information and belief."
4. In view of the aforesaid settlement entered into between the petitioner, 2nd respondent and the victim, I pass the following:
ORDER
(i) Petition is disposed of in terms of application I.A.2/2025 accompanied by Joint Affidavit dated 24.07.2025.
(ii) The proceedings in Spl.S.C.IPC and SC/ST No.07/2022 (arising out of Crime No.58/2022 of 1st respondent -
Police) registered for the offences punishable under Sections 363, -6- NC: 2025:KHC:28877 CRL.P No. 10552 of 2025 HC-KAR 376 (2)(i) of IPC and Section 6 of POCSO Act, 2012 and Section 3(1)(w)(i)(ii) and 3(2)(v) of SC/ST (POA) Act, pending on the file of Additional District and Sessions Judge FTSC-I (POCSO), Kolar, insofar as the petitioner is concerned are hereby quashed.
Sd/-
(S.R.KRISHNA KUMAR) JUDGE Srl.