MARUTI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by accused Nos.1 to 8 praying to quash the order dtd. 30/9/2023 passed by the Additional District and Sessions Judge-FTSC-I, Belagavi, taking cognizance for offences punishable under Sec. 376(2)(n), r/w 34 of IPC, Ss. 9, 10 and 11 of Child Marriage Restraint Act, 2006 and Ss. 4, 6 and 17 of POCSO Act, 2012 pending in Special Case No.492/2023 and all further proceedings of the said case.

(2.) On the basis of the complaint filed by respondent No.2, a case came to be registered against the petitioners in Crime No.168/2023 for offences punishable under Ss. 9, 10 and 11 of Children Marriage Restraint Act, 2006 and Ss. 4 and 6 of POCSO Act, 2012 and Ss. 376(2)(n) r/w Sec. 34 of IPC. After investigation charge sheet came to be filed against the petitioners for the aforesaid offences. On the basis of the said charge sheet cognizance has been taken against the petitioners by the Special Court and now a case is pending in Special Case No.492/2023 on the file of the Additional District and Sessions Judge and FTSC-I Belagavi. The said order of cognizance and the further proceedings of the Special Case No.492/2023 are sought to be quashed in the present petition.

(3.) An application is filed under Sec. 482 r/w 320 of Cr.PC and it is signed by petitioner Nos.1 to 8 and their respective counsels and respondent No.3 and her counsel. The said application is enclosed with the affidavit of petitioner No.1 and respondent No.3. The respondent No.3 who is present before the Court submits that, now the matter is settled between her and the petitioners at the intervention of the elders of the community and under mistaken facts, she has filed a complaint. Hence, she is withdrawing the allegations made against the petitioners and she has no objection to allow the petition.