Karnataka High Court
M. U. Kariappa @ Kishan vs State Of Karnataka on 27 September, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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CRL.P No. 9801 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 9801 OF 2024
BETWEEN:
1. M.U. KARIAPPA @ KISHAN,
AGED ABOUT 33 YEARS,
S/O M.K. UTHAPPA,
NO.11, 10TH MAIN, 6TH CROSS,
CBI ROAD, GANGANAGAR VASANTHAPPA BLOCK,
BANGALORE NORTH, R.T.NAGAR,
BENGALURU - 560 032.
2. DILIP KUMAR,
AGED ABOUT 43 YEARS,
S/O MANOHARLAL,
NO.13, 3RD CROSS ROAD, 3RD MAIN ROAD,
GANGANAGAR, BANGALORE NORTH,
BENGALURU - 560 032.
Digitally signed ...PETITIONERS
by NAGAVENI
Location: HIGH (BY SRI. PRATEEK CHANDRAMOULI, ADVOCATE)
COURT OF
KARNATAKA AND:
1. STATE OF KARNATAKA
THROUGH R T NAGAR PS.,
R.T.NAGAR - 560 032,
REPRESENTED BY THE SPP OFFICE,
HIGH COURT OF KARNATAKA,
BENGALURU - 560 001.
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CRL.P No. 9801 of 2024
2. SRI. MAHADEVAPPA
S/O SANNA MADAIAH,
AGED ABOUT 49 YEARS,
R/AT NO.1323, MANJUNATHA LAYOUT,
R.T. NAGAR, BENGALURU - 560 032.
...RESPONDENTS
(BY SMT. SOWMYA R, HCGP FOR R1)
THIS CRL.P IS FILED U/S.482 OF CR.P.C (U/S 528 BNSS)
PRAYING TO QUASH THE REGISTRATION OF THE FIR DATED
21.11.2021 IN CR.NO.259/2021 VIDE ANNEXURE-B AGAINST
PETITIONERS 1 AND 2 REGISTERED BY THE RESPONDENT
NO.1 R.T.NAGAR POLICE, PENDING ON THE FILE OF THE 32nd
ACMM (NOW TRANSFERRED TO 8th ACMM), BENGALURU, FOR
THE OFFENCES P/U/S 201, 363, 376 OF IPC, SEC. 4 AND 6 OF
POCSO ACT.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
Heard the learned counsel, Sri. Prateek Chandramouli,
appearing for the petitioners and Smt. Sowmya R., the learned
HCGP appearing for respondent No.1.
2. The petitioners are before this Court, seeking for
the following prayer:
“WHEREFORE, it is most respectfully prayed that
this Hon’ble Court be pleased to quash the registration of
the FIR dated 21/11/2021 in Crime No.259/2021 vide
ANNEXURE B against Petitioners 1 & 2, registered by the
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CRL.P No. 9801 of 2024Respondent No.1 R T Nagar police pending on the file of
the 32nd Additional Chief Metropolitan Magistrate (Now
transferred to 8th ACMM), Bengaluru, for the offences
punishable under section 201, 363, 376 of the Indian
Penal Code, 1908 and Sec. 4 & 6 of the POCSO Act, 2012
in the interest of justice and equity.”
3. Learned counsel appearing for the petitioners would
submit that the issue in the lis stands covered by the judgment
rendered by this Court in Crl.P.No.3710/2022 disposed on
09.09.2022, wherein it has held as follows:
“10. The aforesaid facts are not in dispute. Before
embarking upon consideration of the settlement, for
termination of proceedings against the petitioner, I deem
it appropriate to notice various orders passed by the
constitutional Courts closing the proceedings on identical
terms where the accused and the victim were both
minors.
11. A three Judge Bench of the Apex Court in the case of
GIAN SINGH V. STATE OF PUNJAB1 observes the
plenitude of power of this Court for its exercise under
Section 482 of the Cr.P.C. and holds that cases can be
closed on account of settlement barring heinous offences,
the Apex Court has held as follows:
“61. The position that emerges from the above
discussion can be summarised thus : the power of the
High Court in quashing a criminal proceeding or FIR or
complaint in exercise of its inherent jurisdiction is
distinct and different from the power given to a criminal
court for compounding the offences under Section 320 of
the Code. Inherent power is of wide plenitude with
no statutory limitation but it has to be exercised in
accord with the guideline engrafted in such power
viz. : (i) to secure the ends of justice, or (ii) to
prevent abuse of the process of any court. In what
cases power to quash the criminal proceeding or1
(2012) 10 SCC 303
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CRL.P No. 9801 of 2024complaint or FIR may be exercised where the
offender and the victim have settled their dispute
would depend on the facts and circumstances of
each case and no category can be prescribed.
However, before exercise of such power, the High Court
must have due regard to the nature and gravity of the
crime. Heinous and serious offences of mental depravity
or offences like murder, rape, dacoity, etc. cannot be
fittingly quashed even though the victim or victim’s
family and the offender have settled the dispute. Such
offences are not private in nature and have a serious
impact on society. Similarly, any compromise between
the victim and the offender in relation to the offences
under special statutes like the Prevention of Corruption
Act or the offences committed by public servants while
working in that capacity, etc.; cannot provide for any
basis for quashing criminal proceedings involving such
offences. But the criminal cases having overwhelmingly
and predominatingly civil flavour stand on a different
footing for the purposes of quashing, particularly the
offences arising from commercial, financial, mercantile,
civil, partnership or such like transactions or the offences
arising out of matrimony relating to dowry, etc. or the
family disputes where the wrong is basically private or
personal in nature and the parties have resolved their
entire dispute. In this category of cases, the High Court
may quash the criminal proceedings if in its view,
because of the compromise between the offender
and the victim, the possibility of conviction is
remote and bleak and continuation of the criminal
case would put the accused to great oppression
and prejudice and extreme injustice would be
caused to him by not quashing the criminal case
despite full and complete settlement and
compromise with the victim. In other words, the
High Court must consider whether it would be
unfair or contrary to the interest of justice to
continue with the criminal proceeding or
continuation of the criminal proceeding would
tantamount to abuse of process of law despite
settlement and compromise between the victim
and the wrongdoer and whether to secure the ends
of justice, it is appropriate that the criminal case is
put to an end and if the answer to the above
question(s) is in the affirmative, the High Court
shall be well within its jurisdiction to quash the
criminal proceeding.”
(Emphasis supplied)
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CRL.P No. 9801 of 2024
A three Judge Bench of the Apex Court again in
PARBATBHAI AAHIR V. STATE OF GUJARAT2 has
held as follows:
“16. The broad principles which emerge from the
precedents on the subject, may be summarised in the
following propositions:
16.1. Section 482 preserves the inherent
powers of the High Court to prevent an abuse of
the process of any court or to secure the ends of
justice. The provision does not confer new powers.
It only recognises and preserves powers which
inhere in the High Court.
16.2. The invocation of the jurisdiction of
the High Court to quash a first information report
or a criminal proceeding on the ground that a
settlement has been arrived at between the
offender and the victim is not the same as the
invocation of jurisdiction for the purpose of
compounding an offence. While compounding an
offence, the power of the court is governed by the
provisions of Section 320 of the Code of Criminal
Procedure, 1973. The power to quash under
Section 482 is attracted even if the offence is non-
compoundable.
16.3. In forming an opinion whether a criminal
proceeding or complaint should be quashed in exercise
of its jurisdiction under Section 482, the High Court
must evaluate whether the ends of justice would justify
the exercise of the inherent power.
16.4. While the inherent power of the High Court
has a wide ambit and plenitude it has to be exercised (i)
to secure the ends of justice, or (ii) to prevent an abuse
of the process of any court.
16.5. The decision as to whether a complaint
or first information report should be quashed on
the ground that the offender and victim have
settled the dispute, revolves ultimately on the
facts and circumstances of each case and no
exhaustive elaboration of principles can be
formulated. This extract is taken from Parbatbhai
Aahir v. State of Gujarat, (2017) 9 SCC 641 :
(2018) 1 SCC (Cri) 1 : 2017 SCC OnLine SC 1189 at
page 6532
(2017) 9 SCC 641
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CRL.P No. 9801 of 202416.6. In the exercise of the power under Section
482 and while dealing with a plea that the dispute has
been settled, the High Court must have due regard to
the nature and gravity of the offence. Heinous and
serious offences involving mental depravity or offences
such as murder, rape and dacoity cannot appropriately
be quashed though the victim or the family of the victim
have settled the dispute. Such offences are, truly
speaking, not private in nature but have a serious
impact upon society. The decision to continue with
the trial in such cases is founded on the overriding
element of public interest in punishing persons for
serious offences.
16.7. As distinguished from serious offences,
there may be criminal cases which have an
overwhelming or predominant element of a civil dispute.
They stand on a distinct footing insofar as the exercise
of the inherent power to quash is concerned.
16.8. Criminal cases involving offences which
arise from commercial, financial, mercantile, partnership
or similar transactions with an essentially civil flavour
may in appropriate situations fall for quashing where
parties have settled the dispute.
16.9. In such a case, the High Court may
quash the criminal proceeding if in view of the
compromise between the disputants, the
possibility of a conviction is remote and the
continuation of a criminal proceeding would cause
oppression and prejudice; and
16.10. There is yet an exception to the principle
set out in propositions 16.8. and 16.9. above. Economic
offences involving the financial and economic well-being
of the State have implications which lie beyond the
domain of a mere dispute between private disputants.
The High Court would be justified in declining to quash
where the offender is involved in an activity akin to a
financial or economic fraud or misdemeanour. The
consequences of the act complained of upon the financial
or economic system will weigh in the balance.”
(Emphasis supplied)
The High Court of Bombay3 by its judgment dated 21-07-
2020 has held as follows:
3
Criminal Application No.298 of 2020
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CRL.P No. 9801 of 2024“5. Considering the nature of accusations
made by the non-applicant No.2, the fact that the
victim boy, though minor, was aged about 17 years
at the time of the incident and as the parties have
amicably worked out the matter and the trial has
not yet commenced, we are of the view that no
fruitful purpose would be achieved by keeping the
trial pending and interests of justice would be sub-
served by quashing the proceedings subject to
utilising the amount deposited by the applicant
and non-applicant No.2 for some appropriate
purpose.”
(Emphasis supplied)
A Division Bench of High Court of Gujarat4 in its judgment
dated 29-06-2020 has held as follows:
“7. We noticed that the Respondent No.5 is
himself a minor and is yet to be found. we are also at
pain to learn that though himself is a minor, has chosen
to take away the corpus who is a minor, lending himself
in the net of law, particularly of the Protection of
Children from Sexual Offences Act (POCSO Act).
7.1 This Act is brought on the statute book with
laudable objectives, with a view to protect the girl child
in the society, with more and more offences affecting the
girl children.
7.2 we also notice that young boys who
themselves are not major, many a times without
realising the consequences of their act, or many a
times actuated by frenzy of youth, with careless
approach towards stringent laws eventually label
themselves as offenders in the matters of POCSO,
and face serious consequences of rigorous
punishment prescribed under the law.
7.3 It became expedient for us to make a specific
reference of this aspect, having noticed this in many
Petitions of Habeas Corpus. It is therefore, expressed
that right kind of understanding needs to be given,
in the form of legal awareness amongst the
children and the college students so that the
society can simultaneously protect very young
minor R/SCR.A/765/2020 ORDER boys, who due
to their lake of understanding of law, turn into the
offenders in serious matters.
4
R/Special Criminal Application No.765 of 2020
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CRL.P No. 9801 of 20247.4 The Superintendent of Police, Mehsana
ensures to take up this issue with the anti Human
Trafficking cell and the District Legal Services Authority
for creating awareness amongst the youngsters.”
The High Court of Madras5 in the judgment dated 27-01-
2021 has held as follows:
“11. There can be no second thought as to
the seriousness of offences under the POCSO Act
and the object it seeks to achieve. However, it is
also imperative for this Court to draw the thin line
that demarcates the nature of acts that should not
be made to fall within the scope of the Act, for
such is the severity of the sentences provided
under the Act, justifiably so, that if acted upon
hastily or irresponsibly, it could lead to irreparable
damage to the reputation and livelihood of youth
whose actions would have been only innocuous.
What came to be a law to protect and render justice to
victims and survivors of child abuse, can, become a tool
in the hands of certain sections of the society to abuse
the process of law.
12. As rightly recognized by the Learned
Single Judge of this Court in Sabari’s Case (cited
supra), incidences where teenagers and young
adults fall victim to offences under the POCSO Act
being slapped against them without understanding
the implication of the severity of the enactment is
an issue that brings much concern to the
conscience of this Court. A reading of the
Statement of Objects and Reasons of the POCSO
Act would show that the Act was brought into
force to protect children from offences of sexual
assault, sexual harassment and pornography,
pursuant to Article 15 of the Constitution of India,
1950 and the Convention on the Rights of the
Child. However, a large array of cases filed under
the POCSO Act seems to be those arising on
the basis of complaints registered by the
families of adolescents and teenagers who are
involved in romantic relationships with each other.
The scheme of the Act clearly shows that it did not
intend to bring within its scope or ambit, cases of
the nature where adolescents or teenagers
involved in romantic relationships are concerned.
5
Criminal O.P.No.232 of 2021 and Criminal M.P.No.109 of 2021
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13.This Court, therefore, deems it fit and
necessary to take a moment to delve into an
important aspect, the awareness of which is crucial in
understanding and dealing with cases of this nature. It is
crucial to be aware of the science and psychology of
adolescence and young adulthood at this juncture. ‘This
is because social and biological phenomena are widely
recognized as determinants of human
development, health, and socio-economic
attainments across the life course, but our
understanding of the underlying pathways and processes
remains limited. Therefore, a “biosocialapproach” i.e.
one that conceptualizes the biological and social as
mutually constituting, and draws on models and
methods from the biomedical and social/behavioral
sciences, is required.’ (McDade, T. W., & Harris, K.
M.(2018). The Biosocial Approach to Human
Development, Behavior, and Health Across the Life
Course. The Russell Sage Foundation journal of the
social sciences: RSF, 4(4), 2-26.)
14.The UN has come to formally define
‘adolescence’ as the period between 10 and 19 years of
age and ‘young people’ between 10 to 24 years of age,
in the South- East Asia Region. Adolescence and young
adulthood form a continuum for many
development processes, but there are also unique
aspects of young adulthood. Scientists who study brain
development have spent much time looking at
adolescents than at young adults. By the time people
become young adults, significant aspects of their
neurobiology have reached adult levels. However, their
brains also continue to change in part because of
continuing brain development, and in part because
behavior is always remodeling the brain. Brain plasticity
is evident throughout the lifespan but different kinds of
plasticity come to the fore at different stages. For
example, from childhood through adulthood, the gray
matter in the brain, which contains neurons, thins as it
loses synaptic connections and it is a method that the
brain uses to sculpt itself to a particular environment.
Studies of particular brain regions show
continued changes after adolescence. It has been
observed that the pathways that connect different parts
of the brain also change over time. The decision-making
ability is a reflection of the development of the superior
longitudinal fasciculus, which is involved in cognition and
executive function. This superior longitudinal fasciculus
continues to develop throughout the young adult years.
Profound and protracted physical, biological, and
neurological changes linked to puberty occur
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throughout adolescence and early adulthood.
Hormonal changes prompt a literal remodeling of cortical
and limbic circuits in the brain that were previously
organized in the perinatal period and that, in
combination with adolescent social experiences and
contexts, affect general cognition, decision making, and
behavior into adulthood. (Sisk CL, & ZehrJL (2005).
Pubertal hormones organize the adolescent brain and
behavior. Frontiers in Neuroendocrinology, 26(3-4),
163-174.)
15. It is only relatively recently that
neurobiologists have started to probe into the neural
basis of one of the most powerful and exhilarating states
known to humans, namely love. Studies largely show
that the basic human motivations and emotions
arise from distinct systems of neural activity and
that these systems derive from mammalian precursors.
Thus, it is only natural that this mechanism is also active
in Homo Sapiens i.e. humans. Adolescence is
associated with many psychosocial and
developmental challenges, including the processing of
intense emotions and “first loves”. (Arnett J.J.
Adolescence and Emerging Adulthood. Pearson
Education Limited; New York, NY, USA: 2014.) It is now
well evidenced that adolescent romance is an
important developmental marker for adolescents’
self-identity, functioning and capacity for
intimacy. Developmental-contextual theories of
adolescent romantic stages also provide a
framework for how romantic relationships assist young
adults with addressing their identity and intimacy needs.
Therefore, the age of adolescence as can be seen
evidently, is one associated with an amassing change in
the neurological, cognitive and psychological systems of
a person and one of the most important aspect is that
the individual tries to establish their identity, develops
emotional and biological needs during this period as a
result of which the individual tends to look for new
relationships, bonding and partnership. It is also
important to acknowledge in addition to this, the vast
exposure that is available to adolescents and youth in
the form of digital content that play a major role
in influencing their growth and identity.
16.In light of the above, it is only natural
that there are cases of the above-mentioned
nature that are on the rise at present and it does
not help matters to avoid acknowledging that the
society is changing and influencing people’s
identity and cognition, constantly. Therefore,
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painting a criminal colour to this aspect would
only serve counter-productively to
understanding biosocial dynamics and the need to
regulate the same through the process of law.
17.This Court is not turning a blind eye to cases
where the victim or survivor may, under the effect of
trauma that they have undergone, studies on which
show that they might tend to reconcile with the same by
blaming themselves or convincing themselves that the
element of consent was infact present. Nor is this Court
scientifically justifying in toto, the genuineness or
predicament of the accused in every case where it
appears that the accused and victim child have been in a
romantic relationship. That will depend on the facts and
circumstances of each and every case.
18.In the present case, the 2nd Petitioner who
was in a relationship with the 2nd Respondent who is
also in his early twenties, has clearly stated that she was
the one who insisted that the 2nd Respondent take her
away from her home and marry her, due to the pressure
exerted by her parents. The 2nd Respondent, who was
placed in a very precarious situation decided to concede
to the demand of the 2nd Petitioner. Thereafter, they
eloped from their respective homes, got married
and consummated the marriage. Incidents of this
nature keep occurring regularly even now in villages and
towns and occasionally in cities. After the
parents or family lodge a complaint, the police
register FIRs for offences of kidnapping and various
offences under the POCSO Act. Several criminal cases
booked under the POCSO Act fall under this category. As
a consequence of such a FIR being registered, invariably
the boy gets arrested and thereafter, his youthful life
comes to a grinding halt. The provisions of the POCSO
Act, as it stands today, will surely make the acts of the
boy an offence due to its stringent nature. An
adolescent boy caught in a situation like this will
surely have no defense if the criminal case is
taken to its logical end. Punishing an
adolescent boy who enters into a relationship with
a minor girl by treating him as an offender,
was never the objective of the POCSO Act.
An adolescent boy and girl who are in the
grips of their hormones and biological
changes and whose decision-making ability
is yet to fully develop, should essentially
receive the support and guidance of their parents
and the society at large. These incidents should
never be perceived from an adult’s point of view
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and such an understanding will in fact lead to lack
of empathy. An adolescent boy who is sent to prison in
a case of this nature will be persecuted throughout his
life. It is high time that the legislature takes into
consideration cases of this nature involving adolescents
involved in relationships and swiftly bring in necessary
amendments under the Act. The legislature has to keep
pace with the changing societal needs and bring about
necessary changes in law and more particularly in a
stringent law such as the POCSO Act.
19. The main issue that requires the
consideration of this Court is as to whether this Court
can quash the criminal proceedings involving non-
compoundable offences pending against the
second respondent. The Hon’ble Supreme Court in the
case of Parbathbhai Aahir @ Parbathbhai Vs. State
of Gujrath, reported in 2017 9 SCC 641 and in case of
The State of Madhya Pradesh Vs. Dhruv Gurjar and
Another reported in (2019) 2 MLJ Crl 10, has given
sufficient guidelines that must be taken into
consideration by this Court while exercising its
jurisdiction under Section 482 of Cr.P.C, to quash non-
compoundable offences. One very important test that
has been laid down is that the Court must necessarily
examine if the crime in question is purely individual in
nature or a crime against the society with overriding
public interest. The Hon’ble Supreme Court has held that
offences against the society with overriding public
interest even if it gets settled between the parties,
cannot be quashed by this Court.
20. In the present case, the offences in
question are purely individual/personal in nature.
It involves the 2nd Petitioner and the 2nd
Respondent and their respective families only. It
involves the future of two young persons who are still in
their early twenties. The second respondent is working
as an Auto driver to eke his livelihood. Quashing the
proceedings, will not affect any overriding public interest
in this case and it will in fact pave way for the 2nd
Petitioner and the 2nd Respondent to settle down in their
life and look for better future prospects. No useful
purpose will be served in continuing with the criminal
proceedings and keeping these proceedings pending will
only swell the mental agony of the victim girl and her
mother and not to forget the 2nd Respondent as well.
21. In view of the above, this Court is inclined to
quash the criminal proceedings in Special S.C.No.24 of
2018 on the file of the learned Sessions Judge, Mahila
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Court (Fast Track Mahila Court) Erode in exercise of its
jurisdiction under Section 482 of the Criminal
Procedure Code, 1973.Accordingly, the same is
quashed and this Criminal Original Petition is allowed.
Consequently, connected miscellaneous petition is also
closed.”
(Emphasis supplied)
Just before the judgment of the High Court of Madras was
rendered quoted hereinabove, the High Court of Madras in
the case of SABARI v. INSPECTOR OF POLICE AND
OTHERS6 -while considering closure of the case in a
matter involving the offence under the POCSO Act has
held as follows:
“21. When this case was taken up for hearing,
this Court became concerned about the growing
incidence of offences under the POCSO Act on one side
and also the Rigorous Imprisonment envisaged in the
Act. Sometimes it happens that such offences are
slapped against teenagers, who fall victim of the
application of the POCSO Act at an young age without
understanding the implication of the severity of the
enactment.
…. … …
38. Apart from the above, this Court is of the
view that as per the 3rd respondent’s report,
majority of cases are due to relationship between
adolescent boys and girls. Though under Section
2(d) of the Act, ‘Child’ is defined as a person below
the age of 18 years and in case of any love affair
between a girl and a boy, where the girl happened
to be 16 or 17 years old, either in the school final
or entering the college, the relationship invariably
assumes the penal character by subjecting the boy
to the rigours of POCSO Act. Once the age of the
girl is established in such relationship as below 18
years, the boy involved in the relationship is sure
to be sentenced 7 years or 10 years as minimum
imprisonment, as the case may be.”
(Emphasis supplied)
6
2019 SCC Online Mad 18850
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In a judgment rendered on 21-02-2022 the High Court
of Delhi7 considering an identical situation has held as
follows:
“6.The purpose of Section 482 Cr.P.C is primarily
to secure the ends of justice. In Gian Singh v. State of
Punjab, (2012) 10 SCC 303, the Supreme Court has
observed as under:”55. In the very nature of its
constitution, it is the judicial obligation of the High
Court to undo a wrong in course of administration of
justice or to prevent continuation of unnecessary
judicial process. This is founded on the legal maxim
quando lex aliquid alicui concedit, conceditur et id
sine qua res ipsa esse non potest. The full import of
which is whenever anything is authorised, and
especially if, as a matter of duty, required to be
done by law, it is found impossible to do that thing
unless something else not authorised in express
terms be also done, may also be done, then that
something else will be supplied by
necessary intendment. Ex debito justitiae is inbuilt
in such exercise; the whole idea is to do real,
complete and substantial justice for which it exists.
The power possessed by the High Court under
Section 482 of the Code is of wide amplitude but
requires exercise with great caution and
circumspection.56. It needs no emphasis that
exercise of inherent power by the High Court would
entirely depend on the facts and circumstances of each
case. It is neither permissible nor proper for the
court to provide a straitjacket formula regulating the
exercise of inherent powers under Section 482. No
precise and inflexible guidelines can also be
provided.”(emphasis supplied)
8.Considering the fact that the whole life
of Petitioner No.1 and Petitioner No.2 and their
child would be ruined, this Court asked the learned
APP as to whether she has any objections if
this Court exercises its jurisdiction under
Section 482 Cr.P.C and quash the FIR. Learned
APP for the State very fairly and taking
humanitarian approach stated that she has no
objections if the instant FIR is quashed.
9.In view of the peculiar facts and circumstances
of this case, this Court is inclined to quash the
FIR. Resultantly, FIR No.275/2019 dated 30.10.2019
registered at Police Station Delhi Cant t for offences7
Crl.M.C.27 of 2022
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CRL.P No. 9801 of 2024under Section 363/366/376 IPC and Section 6 of
the POCSO Act and the proceedings emanating there
from are hereby quashed.”
(Emphasis supplied)
12. In the light of the afore-quoted judgments, the
compromise so arrived at between the parties is required
to be noticed. A joint affidavit of
compromise/compounding of offences in Crime No.259 of
2021 filed reads as follows:
1. We state that we are the father of the Child In
Conflict With Law (CICWL in short) and the father
of the victim respectively and we are well
conversant with the facts of the above case.
2. We state that on 21.11.2021, the complainant
approached the jurisdictional police station
stating that his minor daughter, did not return
home after going to college. Subsequent to this
complaint, the respondent Police registered in
Crime No.259/2021 for offence punishable under
section 363 of the IPC against unknown persons.
We state that CICWL’s father also approached the
jurisdictional police and lodged a complaint
stating that his son did not come back home from
college and subsequently lodged an FIR bearing
No.260/2021 against unknown persons as for the
offence punishable u/s 363 of the IPC, but since
the law does not recognize that a woman is
capable of kidnapping, the Respondent police
began their investigation in Crime No.259/2021.
3. We state after tracking the phones of the
Petitioner/CICWL and the victim, both of them
were found together in Chikkamagaluru in a bus
enroute to Bangalore.
4. We state that the police officers rushed to the
spot along with the uncle of the minor boy and
the father of the minor girl to Chikkamagaluru
and got them back to Bangalore. After bringing
them to Bangalore the Respondent No.1 police
produced the CICWL before the Hon’ble
Magistrate and sought to remand the minor boy
to custody for a period of 7 days. In the
preliminary report submitted to the Hon’ble
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Court, it was seen that the offences of S.376 of
IPC and S.5 & 6 of the POCSO Act was added for
investigation along with the offence of 363 of IPC.
On perusing the said report, the Hon’ble Court
remanded the minor boy/CICWL to 3 days in
custody.
5. We state that since the Petitioner/CICWL
and the victim were both minors i.e., 16
years of age, the CICWL was produced
before the Juvenile Justice Board wherein
bail was granted to the CICWL vide order
dated 30-11-2021.
6. We state that till date no chargesheet has been
filed and the trial has not commenced.
7. We state that the fact that needs to be borne in
mind is that in the present case both the
Petitioner/CICWL and the Victim are juveniles. In
theses circumstances, they deserve to be given a
chance to reform themselves rather that to
condemn or to force them to face trial especially
when parties have since compromised and
victims belong to the same place and a
compromise would help them maintain cordial
relations in future rather than being at logger
heads during their entire life.
8. We state that the Petitioner/CICWL and
Victim are both friends and were classmates
during their schooling. This entire episode
is nothing but a friendship gone sour. The
Petitioner/CICWL and victim both are both
in their formative years and are in the
adolescent stage where they are discovering
new feelings and emotions. The CICWL and
Victim were good friends and the
Petitioner/CICWL who is also a minor had
no intention to kidnap the minor victim or
commit any sexual offences envisaged
under the POCSO Act.
9. We state The Protection of Children from Sexual
Offences (POCSO) Act of 2012, is not intended to
bring within its ambit the romantic relationships
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between adolescents or teenagers. Yet, many
youngsters are getting prosecuted under the law
and this is one such example of minors being the
victims to the system.
10. We state that the legal possibility of quashing a
case booked under non-compoundable offences,
it could be done since offences were purely
individual/personal in nature and that there was
no public harm that would be caused in quashing
the case.
11. We state that both the Petitioner/CICWL and the
Victim are students of First P.U.C and if the
investigation is proceeded, both the children’s
future will be ruined and their education and
reputation will be spoiled and the same will
become a blot and scar on their lives forever and
that their as education, marriage etc, will be
hampered.
12. We state that no such incident has transpired to
implicate the Petitioner/CICWL in a case with
offences punishable under POCSO Act or the
Indian Penal Code. The children innocent and
have no sense of right or wrong. The children of
both parties have committed a mistake by
running away without informing their parents
which has escalated to a cae being registered.
We state that if this case continues, it will
have a bearing impact on the lives and
futures of the children. This incident will
remain a black spot in the entire life-time of
the children and this dark memory will have
impact the mental well-being of both the
children. We state that the interest of the
CICWL and victim is paramount and keeping
this in mind, we intend to settle the above
case by entering into a compromise.
13. We state that the Father of the Petitioner/CICWL
i.e., Sri.Devaraj M, herein and Sri.Mahadevappa
have amicabally settled their disputes without
any undue force. We have reached an
understanding that our children’s education,
career and future is more important to us than
pursuing the case. We do not want too go
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through the ordeal of trial. We state that we
have no other further demands or requirements
from each other and this affidavit embarks upon
the final settlement of the instant case.
14. We state that agree to take all reformative
measures for the betterment, and
improvement of the interest of the
Petitioner/CICWL and the Victim
respectively, to ensure reformation in the
attitude, mental wellbeing and characteristic
development.
15. We state that we agree to not proceed with the
proceedings or recall or reinstate the crime
registered in Crime No.0259/2021 in any manner
whatsoever from this day on.
16. We agree that from this day on, no attempts
or efforts shall be made to implicate the
Petitioner/CICWL or the Victim to any of the
allegations made in the Complaint dated 21-
11-2021 and in relation to any such similar
allegations which shall hamper the peaceful
life, education etc of the CICWL and the
Victim.
17. We state that this agreement is the full and final
settlement of the instant case and that both
parties shall not involve in any acts or instigate
any person to cause any act/acts which shall
cause any trouble, disturbance, harm, injury,
bodily hurt or injury, mental distress etc
whatsoever to the Petitioner/CICWL and to the
Victim.
18. We state the we have buried our differences
and have amicably settled the disputes
between the victim and Petitioner/CICWL.
19. We state that this compromise has been entered
into by their free will and wish and that we are
not under duress or coercion to agree to the
covenants of this affidavit. We state that there
has been no undue influence or coercion to agree
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to this compromise and that this compromise is
genuine and has been effected voluntarily. We
therefore pray that this Hon’ble Court be pleased
to take this affidavit on record and treat that the
matter as having been settled and quash the
proceedings, to secure the ends of justice.
20. We are filing this Affidavit to put an end to the
entire issue with a prayer to this Hon’ble Court to
consider the entire facts and circumstances of the
case and exercise its equitable jurisdiction and
quash the proceedings.
21. Under the present facts and circumstances, the
continuation of the prosecution would be nothing
but an abuse of the process of law and therefore,
pray that this Hon’ble Court exercises its
extraordinary jurisdiction, to secure the ends of
justice and quash the proceedings as having been
settled mutually and without any intention to
reopen the case in the future.
22. We state that we have authorized ours advocate
to appear on our behalf and file this affidavit and
pray before this Hon’ble Court for quashing of the
criminal proceedings against the Petitioner.
23. What is stated above are all true and correct to
the best of our knowledge, information and
belief.”
(Emphasis added)
The issue now is, in the light of several orders passed by
the constitutional Courts quashing the proceedings
against those accused who were minors at the time of
offences, whether the present case deserves quashment
of proceedings qua the accused boy is required to be
noticed.
13. The settlement arrived at between the parties
who are the legal guardians of both the victim and the
accused in unequivocal terms indicates that both the
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victim and the accused were classmates, friends and
infatuated to each other and had therefore indulged in
such acts, the petition narrates that they were in love,
this led them to travel to Chickmagalur. The statement
rendered by the accused under Section 164 of the Cr.P.C.
though in certain hues indicates that the petitioner
wanted to lure the complainant into sexual relations, but
the further narration in the complaint is that the victim
and the petitioner who were both children of adolescent
age of 16 years indulged in sexual relation. The parents
of both the victim and the petitioner were made known of
these incidents once the petitioner and the victim were
traced. The statement under Section 164 of the Cr.P.C.
does not in any manner indicate that the petitioner had
forcibly indulged in any activity upon the victim. It is an
admitted fact that the petitioner and the victim were close
friends and were infatuated to each other. Several Courts
as quoted hereinabove have considered the impact of
hauling an under aged boy into the web of the provisions
under the POCSO Act has clearly held that POCSO Act was
not meant to punish the accused who were in love with
the victims therein.
14. It is a known fact which bear consideration in
the aforequoted judgments, in physiological parlance, that
adolescence of a child is between 10 to 19 years and
young age is said to be between 20 to 24 years.
Therefore, adolescence is a continuum of development
process in the life of a child metamorphosing into young
age or an adult. It would not be inapt to notice that
young children or boys who have not yet reached the age
of 18 years, many a time, without realizing or being
ignorant of the consequences of their act which they
perform in the frenzy of youth, emerge themselves as
offenders under the provisions of POCSO Act and face
serious consequences. Romantic love between a boy and
a girl of the age of adolescence sometimes arising out of
infatuations result in the boy embroiling himself into the
vortex of the provisions of the POCSO Act.
15. The laudable object for which the POCSO Act
was brought into effect cannot be forgotten, but that
would not mean that it is meant to punish young children
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who would fall in love and commit such acts which would
become punishable under the Act, a caveat, this Court is
not painting every incidence of sexual activity of any kind
that would become an offence under the POCSO Act, with
the same brush, but there are cases of the kind, like the
one at hand, where the adolescents have indulged in
such acts due to lack of knowledge of consequence of law.
The documents appended to the petition also demonstrate
that the petitioner is a bright student, the marks secured
by him in the 10th grade are as follows:
“STATEMENT OF MARKS
Name AARUSH JAIN
Of FLORENCE PUBLIC HIGH SCHOOL, BENGALURU
Unique ID 7381910
Son of
Smt KAVITA JAIN
Shri M DEVARAJ JAIN
SUBJECTS TOTAL MARKS PERCENTAGE MARKS
MAX. MARKS
100ENGLISH 82 EIGHT TWO
ENGLISH LANGUAGE 077
LITERATURE IN ENGLISH 087
HINDI 084 84 EIGHT FOUR
HISTORY, CIVICS & 86 EIGHT SIX
GEOGRAPHY
087
HISTORY & CIVICS
084
GEOGRAPHYMATHEMATICS 079 79 SEVEN NINE
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CRL.P No. 9801 of 2024
SCIENCE 79 SEVEN NINE
PHYSICS 079
CHEMISTRY 074
BIOLOGY 053
COMPUTER APPLICATIONS 092 92 NINE TWO
Internal Assessment GRADE
SUPW AND COMMUNITY SERVICE A
Date of birth as
certified by the (in words) Twenty Second December Two
Thousand Four Head of the Schoolat the time of (in figures) 22.12.2004
registration
RESULT – PASS CERTIFICATE AWARDED
Date of declaration of Result – 24.07.2021
Note: 1. The pass mark for each subject is 33%
2. No divisions are awarded.
Sd/-
Chief Executive & Secretary”
He is a student of “A” Grade. The act has been
done in the frenzy of youth, owing to human curiosity,
coupled with biological cravings. These are acts which are
entirely different from acts which become offences under
Section 5 which deals with aggravated penetrated sexual
assault. These provisions are not known to the students
who are themselves minors and get infatuated. It is
every time the parents of the wards come forward to
register a complaint, many a time, to settle the dispute
amongst themselves. It is in these peculiar facts, I deem
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it appropriate to take note of the settlement, accept the
same and free the petitioner from the mesh of crime that
he is enmeshed into, failing which, the future of a
student would be put to insurmountable jeopardy, more
so, with the settlement arrived at, no useful purpose
would be served by sending the boy to face the rigmarole
of criminal trial, on the allegation of provisions of the
POCSO Act, as the boy who would be eventually
acquitted, would become persecuted of the alleged crime
for all his life. Therefore, I deem it appropriate to “bend
the ark of justice” in favour of the petitioner and
annihilate the proceedings against him.
16. For the aforesaid reasons, the following:
ORDER
(i) The application I.A.No.3/2022 filed under Section 320
of the Cr.P.C. stands allowed. Consequently, Criminal
Petition stands disposed.
(ii) The proceedings against the petitioner in Crime
No.259/2021 pending before the XXXII Additional Chief
Metropolitan Magistrate, Bengaluru stands terminated.
”
4. In the light of the issue standing covered by
judgment rendered by this Court supra, the petition stands
disposed on the same terms.
Sd/-
(M.NAGAPRASANNA)
JUDGE
SJK
List No.: 1 Sl No.: 21
CT: BHK