NIRANJAN REDDY. C. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Crl.P.No.2191/2023 is filed by the petitioner under Sec. 482 of Cr.P.C for quashing the criminal proceedings in Special Case No.539/2022, arising out of the Crime No.226/2021 registered by Sarjapura Police and charge sheeted for the offence under Ss. 365 and 366(A) of Indian Penal Code, 1860 and under Ss. 8 , 12 and 17 of Protection of Children from Sexual Offences Act (POCSO) 2012. Crl.P.No.1859/2023 is filed by the petitioner under Sec. 482 of Cr.P.C along with the other accused Nos.1 to 4 of CR.P.C seeking to quash the proceedings in special case No.572/2022 for the offence punishable under Sec. 366 , 114 376(2) Indian Penal Code, 1860 and under Ss. 4 , 6 and 7 of Protection of Children from Sexual Offences Act (POCSO) 2012, a rising out of Crime.No.122/2022 registered by Sarjapura Police Station.

(2.) During the pendency of the petition both petitioner and respondent No.2 filed joint compromise application and affidavit of the victim girl stating that both of them are married and it is a love marriage. The mother of respondent No.2 not agreeing for their marriage, has filed false complaint on the petitioners. The victim has already crossed 18 years and their marriage was solemnized on 6/2/2023 and the same was registered before the Registrar of Marriage; the Marriage Certificate was issued on 10/2/2023 and the same is produced before this Court. They fructified marriage before the Arya Samaj and the marriage certificate was also issued on 6/2/2023. The marriage registration certificate was issued on 10/2/2023. As per the School transfer certificate, the victim was born on 22/11/2004 and now she has attained the age of majority and married petitioner No.1. Though, the police registered the FIR against the petitioner for the offence of abducting the minor girl and compelling her for marriage in the earlier case and in the second case, the very same complainant filed one more case against the petitioner, for once again kidnapping case and later, the police have filed charge sheet for a sexual assault on her and the other accused persons said to be abated the accused No.1 for the purpose of and compelling the marriage of the minor girl. At the time of incident, the age of the victim was little less than 18 years but, she was more than 17 years and now both of them were eloped and married each other. The love marriage was objected by the mother of the victim and she has lodged a complaint and police investigated the matter and filed a charge sheet. Now the victim has joined the petitioner and residing with accused No.1 and with their family.

(3.) Considering the facts and circumstances that compelling a minor girl for marriage is an offence under Sec. 366A of IPC, but, the age of the victim is almost completed 18 years and she herself voluntarily eloped with accused No.1 due to their love affairs and subsequently, married him. Respondent No.3 is the mother of the victim, who opposed the love of the petitioner and respondent No.2 and she has filed a complaint against the petitioner.