(1.) Petitioner, who is arraigned as accused has filed this petition under Sec. 482 of the Code of Criminal Procedure, 1973 (for short, ' Cr.P.C .') to quash the criminal proceedings pending against him in Spl.S.C.No.69/2022 pending on the file of the Additional District and Sessions Judge, FTSC-1, Uttara Kannada, Karwar for the offences punishable under Ss. 363 , 376 , 506 of Indian Penal Code (for short, ' IPC ') and Ss. 4 and 6 of POCSO Act, 2012.
(2.) Petitioner has contended that he is innocent and law abiding citizen. He has not at all committed the alleged offences. Petitioner is the cousin of respondent No.3-complainant. They are residing in the same village and in visiting terms. Since two years, petitioner and respondent No.2-prosecutrix were in love and they were intending to marry. However, the family of respondent No.2-prosecutrix was not ready for the alliance as petitioner's family is very poor. Petitioner and respondent No.2-prosecutrix have married at the Temple. They stayed together from 2/10/2021 to 14/4/2022. Now respondent No.2-prosecutrix were in love has delivered a child and she is residing in the house of petitioner with his parents. If the criminal proceedings are not quashed, the life of petitioner, respondent No.2-prosecutrix as well as their child would be ruined. Already evidence of respondent No.2-prosecutrix is recorded, but she has not supported the prosecution case. The continuation of the trial would not serve any purpose and prays to allow the petition and quash further proceedings.
(3.) Respondent No.3-complainant has filed objections stating that petitioner kidnapped respondent No.2-prosecutrix while she was still minor i.e. aged 17 years 3 months and raped her. They were searched and secured only after respondent No.3-complainant filed WPHC No.100019/2021. As a result of the rape committed by the petitioner, respondent No.2-prosecutrix has conceived. When respondent No.3-complainant refused to take her to custody, she was sent to Balakiyara Balmandira, Karwar. Now in order to escape from the punishment, petitioner is seeking quashing of proceedings. In SLP No.24362/2021, the Hon'ble Supreme Court is examining the validity of compounding of such offences as per the order of the Hon'ble Kerala High Court in Crl.Misc.No.5636/2019 and prays to dismiss the petition.