LAWS(KAR)-2024-4-48

CHANDRAPPA Vs. STATE OF KARNATAKA

Decided On April 25, 2024
CHANDRAPPA Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) Accused in Crime No.49/2024 registered by Gudibande police station, Chickballapura for the offences punishable under Ss. 376(2)(n) of Indian Penal Code, 1860, Sec. 5(J)(II), 5(L) and 6 of the Protection of Children from Sexual Offences Act, 2012 and Ss. 9 and 10 of the Prohibition of Child Marriage (Karnataka Amendment) Act, 2016, is before this Court to quash the entire proceedings in the said case.

(2.) Learned counsel for the petitioner and learned counsel for the respondent No.2 jointly submit that the dispute between the parties has been amicably settled. The petitioner and the victim were in love. It is only when the victim had gone to the Primary Health Centre, Madhugiri for the purpose of delivery, after verification of her age, a complaint was lodged by the respondent No.2. They submit that the victim girl was a major as on the date of registration of the FIR and subsequently, the marriage of the petitioner with the victim girl has been solemnized and the same is also registered before the jurisdictional Registrar of Marriages. They submit that the certificate of registration of marriage dtd. 1/4/2024 is also produced along with this petition. They also submit that the parties intend to give a quietus to the dispute between them and they intend to lead a normal family life. Therefore, they have filed an application before this Court under Sec. 482 read with Sec. 320 of Cr.P.C. seeking permission to compound the offences. They submit that they have also filed an affidavit in support of the prayer made in the application to compound the offences for which FIR has been registered against the petitioner.

(3.) Learned High Court Government Pleader submits that the FIR has been registered against the petitioner for non-compoundable offences.