MANJUNATHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner/accused is before this Court seeking quashment of proceedings in Special Case No.242 of 2023 registered for offences punishable under Ss. 376(2)(n), 506 of the IPC and Ss. 5(L), 5(J)(II), 6 of Protection of Children from Sexual Offences Act, 2012 ('POCSO Act' for short).

(2.) Heard Sri Rohith S.V., learned counsel appearing for petitioner, Sri Thejesh, learned High Court Government Pleader for respondent No.1 and Sri Nagaraju H.R., learned counsel appearing for respondent No.2.

(3.) Facts in brief germane are as follows: A complaint comes to be registered by the 2nd respondent, the mother of the victim alleging that the petitioner and her daughter were in love as they were students of the same institution "Shree Kantheshwara School". It is further alleged that the petitioner used to meet the complainant's daughter and threaten or harass her if she would not come out with the petitioner. It transpires that the petitioner used to take the victim on his bike to an isolated place and commit sexual assault on her. The complaint comes to be registered on the aforesaid circumstance on 15/2/2023, which becomes a crime in Crime No.14 of 2023 for the afore- quoted offences. The police, after investigation, file a charge sheet against the petitioner maintaining the afore-quoted offences. The petitioner when the crime was registered on 15/2/2023 was taken into custody and remains in custody. What happens is, due to the act of the petitioner, the victim becomes pregnant and gives birth to a child. The father continues to be in prison. The petitioner/accused has therefore presented the subject petition seeking closure of the proceedings on account of a compromise.