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Judgment
S.R. Krishna Kumar, J
In this petition, petitioner seeks for the following reliefs:
“1. Quash the criminal proceedings pending against the petitioners/accused, in Spl.C.C.No.360/2022, for the offences punishable under Sections 363, 342 and 376 of the Indian Penal Code, 1860 and Section 6 Protection of Children’s From Sexual Offences Act, 2012, Section 9 of Child Marriage Act, pending on the file of Additional District and Sessions Judge, FTSC-III, Bengaluru Rural District, Bengaluru vide Annexure-B.
Pass any such orders, directions etc., as this Hon’ble Court deems fit, in the interest of justice.”
Heard learned counsel for the petitioner, learned HCGP for respondent No.1 and learned counsel for respondent No.2 and perused the material on record.
A perusal of the material on record will indicate that respondent No.2-defacto complainant is the mother of the alleged victim in relation to whom respondent No.2 has filed the instant complaint, which is registered as FIR in Crime No.77/2022 and currently pending in Spl.C.C.No.360/2022 for the alleged offences punishable under Sections 363, 342, 376 of IPC, Section 6 of POCSO Act, 2012 and Section 9 of Child Marriage Act,2006, before the Special Court. It is an undisputed fact that the petitioner-sole accused is in judicial custody as on today and the said Spl.C.C.No.360/2022 is pending adjudication.
Learned counsel for the petitioner and learned counsel for respondent No.2 on instructions jointly submit that in the event the impugned proceedings are quashed and petitioner is directed to be released from the judicial custody, the victim shall get married to the petitioner and the same would be reported to this Court on the next date of hearing.
In support of this submission, respondent No.2 has filed an application I.A.No.2/2025 seeking permission to compound the offences and affidavit in support of the same is sworn to by respondent No.2.
When the matter came up before this Court on 28.04.2025, the following order was passed.
“Learned High Court Government Pleader accepts notice for respondent No.1.
Sri Varun Patil, learned counsel files power on behalf of respondent No.2.
The complainant is present before this Court and has filed an application - IA 2 of 2025 under Section 320(2) read with Section 482 of Cr.P.C. for compounding the offences alleged against the petitioner stating that her daughter-survivor is aged more than 18 years as on today and she intends to solemnize the marriage of her daughter with accused No.1 who is in judicial custody for the relationship between the accused and survivor was consensual one.
Presence of respondent No.2 is dispensed with on the next date of hearing.
Re-list on 29.04.2025 at 2.30 p.m. for settlement.”
Learned counsel for the petitioner and learned counsel for the respondent No.2 reiterated the earlier submissions and submit that the present petition may be allowed by quashing the impugned proceedings and directing the release of the petitioner from judicial custody so as to enable him to get married to the victim and the petitioner, respondent No.2 and the victim would be present before this Court on the next date of hearing to report compliance.
In view of the aforesaid facts and circumstances of the case and joint submission made by both sides and the application filed by respondent No.2 seeking compounding offences coupled with the fact that the victim is now a major, crossed the age of 18 years and intends to get married to the petitioner, I deem it just and appropriate to quash the impugned proceedings and release the petitioner from judicial custody subject to the conditions.
Accordingly, I proceed to pass the following:
ORDER
i) Petition is hereby allowed.
ii) Impugned proceedings in Spl.C.C.No.360/2022 on the file of the Additional District and Sessions Judge, FTSC-III, Bengaluru Rural District, Bengaluru are hereby quashed.
iii) Respondent No.1-Police Authorities are directed to release the petitioner from judicial custody forthwith immediately upon the receipt of copy of this order.
iv) Registry as well as HCGP is directed to communicate this order immediately to the Jail Authorities both telephonically and also by way of email to enable immediate release of the petitioner.
v) Petitioner and respondent No.2 and victim are directed to appear before this Court on 10.07.2025 at 2.30 p.m., to report compliance.
Hand delivery of this order is permitted.