SHAKTHI KUMAR B vs STATE OF KARNATAKA
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:61039
CRL.P No. 16442 of 2025
CNR: KAHC010784482025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ND
DATED THIS THE 2 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
CRIMINAL PETITION NO. 16442 OF 2025
(482(Cr.PC) / 528(BNSS)-)
BETWEEN:
SHAKTHI KUMAR B
S/O. LATE BHASKAR
AGED ABOUT 22 YEARS,
RESIDENT OF 99,
ND RD
2 MAIN, 3 CROSS
DR. AMBEDKAR NAGAR OORGAUM POST
K.G.F. DISTRICT KOLAR -563120
…PETITIONER
(BY SRI. TIGADI VEERANNA GADIGEPPA., ADVOCATE)
AND:
1. STATE OF KARNATAKA
REP BY INSPECTOR OF POLICE
OORGAUM POLICE
OORGAUM POST, K.G.F,
DISTRICT: KOLAR-563 120
REPRESENTED BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA,
BENGALURU-560 001
2. VICTIM GIRL
D/O NARASINGA MURTHY
AGED ABOUT 18 YEARS
R/AT NO.170, M.L.BLOCK,
OORGAUM, KGF
DISTRICT: KOLAR-563-120
…RESPONDENTS
(BY SRI. RANJITH KUMAR., HCGP FOR R1;
Digitally Signed By:
SURAJ GOVINDA RAJ
05/11/2026, 13:38, Bengaluru
Verified
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HC-KAR
NC: 2026:KHC:61039
CRL.P No. 16442 of 2025
CNR: KAHC010784482025
SRI. MURALI.J., ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED U/S.482(FILED U/S.528
BNSS) CR.P.C PRAYING TO ALLOW THE PETITION BY QUASHING THE
IMPUGNED ORDER DATED 05.08.2024 FRAMING OF THE CHARGES
FOR THE OFFENCE P/US/ 376(2)(n) OF IPC 1860 AND SEC.6 OF
POCSO ACT 2012 AND ALL PROCEEDINGS IN SPL.C (P) NO.99/2024
(ORGAUM POLICE STATION CRIME NO.29/2024) PENDING ON THE
FILES OF THE LEARNED ADDL DISTRICT AND SESSIONS JUDGE,
FTSC 1 (POCSO) KOLAR.
THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. The petitioner is before this Court seeking for the
following reliefs;
a. Allow the petition by quashing the impugned
order dated 05.08.2024 framing of the charges for
the offence p/u/s/ 376(2)(n) of IPC 1860 and sec.6
of POCSO act 2012 and all proceedings in Spl.C (P)
No.99/2024 (Orgaum Police Station Crime
No.29/2024) pending on the files of the learned
Addl District and Sessions Judge, FTSC 1 (POCSO)
Kolar.
2. A complaint had been filed by respondent no.2 on
16.04.2024 in furtherance of which FIR in Crime
No.29/2024 had been registered by the Oorgaum
Police Station for offences under Section 6 of the
Protection of Children from Sexual Offences Act,
2012 and Section 376 of the IPC 1860. Pursuant
thereto investigation having been completed, a
Digitally Signed By:
SURAJ GOVINDA RAJ
05/11/2026, 13:38, Bengaluru
Verified
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HC-KAR
NC: 2026:KHC:61039
CRL.P No. 16442 of 2025
CNR: KAHC010784482025
charge sheet also came to be laid on 09.06.2024.
The petitioner is on bail in the said proceedings and
has challenged the said proceedings in the present
matter.
3. An application under Section 321 read with Section
482 of the CrPC has been filed which reads as under:
APPLICATION UNDER SECTION 321 AND 482 OF
CODE OF CRIMINAL PROCEDURE, 1973.
HEREIN, the Application on behalf of the
Accused/Petitioner and Kavya Shree Dio Nara Singha
Murthy (Now Kavyashree W/o Shakthi Kumar B.), to
permit them to compound the offences punishable under
Section 376(2)(n) of Indian Penal Code, 1860 and Section
6 of Protection of Children from Sexual Offences Act,
2012 in Special Case (P) No: 99/2024 (Oorgaum Police
Station Crime No: 29/2024) pending on the files of
learned Additional District and Sessions Judge, FTSC-1,
(POCSO) is as under
1. The Petitioner/Accused has filed this Petition being
aggrieved by the order dated 05.08.2024 framing of the
Charges for the offences punishable under Sections
376(2)(n) of Indian Penal Code, 1860 and Section 6 of
Protection of Children from Sexual Offences Act, 2012 and
continuation of proceedings in Special Case (P) 99/2024
(Oorgaum Police Station Crime No: 29/2024) by the
learned Additional District and Sessions Judge, FTSC-1
(POCSO), Kolar and praying for quashing of the all the
proceedings.
2. Respondent No:2 Kavya Shree D/o Nararsingha Murthy
(Now Kavyashree W/o Shakthi Kumar B.) and the
Petitioner/Accused were in love with each other. Date of
birth of Kavya Shree D/o Late Gopinath (Now Kavyashree
W/o Shakthi Kumar B.) is 02.05.2006 and she attained
age of majority, on 02.05.2024. On 09.05.2025
Appellant/Accused and Kavya Shree D/o Narasingha
Digitally Signed By:
SURAJ GOVINDA RAJ
05/11/2026, 13:38, Bengaluru
Verified
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HC-KAR
NC: 2026:KHC:61039
CRL.P No. 16442 of 2025
CNR: KAHC010784482025
Murthy (Now Kavyashree W/o Shakthi Kumar B.) have
married in the presence and with the blessings of their
families. On 14.07.2025 their marriage is registered
under the provisions of Hindu Marriage Act. They are
leading happy married life with blessings of both their
families.
3. Considering that Respondent No:2 Kavya Shree D/o
Late Gopinath (Now Kavyashree W/o Shakthi Kumar B.)
and the Petitioner/Accused have married in the presence
and with the blessings of their families it is in interest of
Respondent No:2 Kavya Shree D/o Late Gopinath (Now
Kavyashree W/o Shakthi Kumar B.) and the
Petitioner/Accused to compound the Offences alleged
against the Accused/Petitioner.
WHEREFORE, the Accused/Petitioner and Kavya Shree
D/o Late Gopinath (Now Kavyashree W/o Shakthi Kumar
B.), may be permitted to compound the offences
punishable under Section 376(2)(n) of Indian Penal Code,
1860 and Section 6 of Protection of Children from Sexual
Offences Act, 2012 in Special Case (P) No: 99/2024
(Oorgaum Police Station Crime No: 29/2024) pending on
the files of learned Additional District and Sessions Judge,
FTSC-I, (POCSO), in the interest of justice.
4. The petitioner and respondent no.2 are before this
Court identified by their respective counsels. The
submission of counsel for respondent no.2 is that it is
when the respondent no.2 had gone for a medical
examination to Devaraj Urs Academy of Higher
Education and Research, Kolar that her age being
verified, she was called upon to lodge a police
complaint.
Digitally Signed By:
SURAJ GOVINDA RAJ
05/11/2026, 13:38, Bengaluru
Verified
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HC-KAR
NC: 2026:KHC:61039
CRL.P No. 16442 of 2025
CNR: KAHC010784482025
5. It is submitted now that respondent no.2 has
attained majority, is now a major in age and post her
attaining majority, a marriage has been solemnized
between the petitioner and respondent no.2 on
09.05.2025 as regards which the marriage invitation
has been produced at Annexure-E and a marriage
certificate has been produced at Annexure-F.
6. On enquiry with respondent no.2 who is present
before this Court she submits that petitioner and
respondent no.2 have been married and are staying
together in the house of the petitioner. She submits
that petitioner and his family members are taking
good care of her. The petitioner who is present
before this Court in person also submits that the
petitioner and respondent no.2 having married each
other he will look after her properly.
7. Though the offences alleged against the petitioner
are serious in nature, considering that the petitioner
and respondent no.2 are married to each other, a
marriage certificate has been placed on record, and
petitioner and respondent no.2 are now residing
together, this Court is of the considered opinion that
the alleged offences against the petitioner has
Digitally Signed By:
SURAJ GOVINDA RAJ
05/11/2026, 13:38, Bengaluru
Verified
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HC-KAR
NC: 2026:KHC:61039
CRL.P No. 16442 of 2025
CNR: KAHC010784482025
occurred during the adolescence of the petitioner and
respondent no.2, inasmuch as at the time of the
offence, the petitioner was also 21 years of age, and
the respondent no.2 was 17 years of age, the age
gap not being too much, and both of them being
adolescents, this Court is of the considered opinion
that the alleged offence is on account of adolescent
love which is now being given effect to as a marriage
between the petitioner and respondent no.2. Though
respondent no.2 could not be said to have consented
in respect of the alleged offences, the fact that now
the respondent no.2 has attained majority and has
got married to the petitioner weighs in the mind of
this court in quashing the criminal proceedings so as
to enable both of them to continue their marital life
without the criminal proceedings hanging on them.
8. In that view of the matter, in the interest of justice,
exercising the inherent powers vested with this Court
under 528 of the BNSS, this Court passes the
following:
ORDER
i) Criminal Petition is allowed .
ii) Impugned order dated 05.08.2024 framing of
charges for the offences punishable under
Digitally Signed By:
SURAJ GOVINDA RAJ
05/11/2026, 13:38, Bengaluru
Verified
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HC-KAR
NC: 2026:KHC:61039
CRL.P No. 16442 of 2025
CNR: KAHC010784482025
Sections 376(2)(n) of IPC, 1860 and Section 6
of POCSO Act, 2012 and all proceedings in
Spl.Case (P) No.99/2024 (Crime No.29/2024
registered by Oorgaum Police Station) pending
on the file of Additional District and Sessions
Judge, FTSC-1 (POCSO), Kolar are quashed.
iii) Pending application, if any, stands disposed.
Digitally Signed By:
SURAJ GOVINDA RAJ
05/11/2026, 13:38, Bengaluru
Verified
(SURAJ GOVINDARAJ)
JUDGE
PRS
List No.: 1 Sl No.: 38