CRL.P/4867/2026 of VENKATESHA Vs THE STATE OF KARNATAKA on 11 August 2026

ORAL ORDER

The petitioners are before this Court seeking the following prayers: "Wherefore, the petitioners most respectfully pray that, this Hon'ble Court may be pleased to quash the charge sheet against the petitioners in C.C. No.642/2023 (Akkur Police Station Crime No.87/2023) for the alleged offence punishable under Section 9, 10 of the Child Marriage Restraint Act, on the file of the learned Senior Civil Judge and Judicial Magistrate First Class, Channpatna, in the interest of justice equity."

2. Heard Sri.A.S.Kulkarni, learned counsel appearing for the petitioners, Sri.B.N.Jagadeesha, learned SPP-I appearing for respondent Nos.1 and 2, Smt.Zynab Begum, learned counsel appearing for respondent No.3 and have perused the material on record.

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3. During the pendency of the proceedings, the parties to the lis have filed a Joint Memo, which reads as follows: “the Petitioners Accused Nos.1 to 4 and the Respondent No.3- CW-2/ Complainant / Victim respectively, do hereby state as follows:

1. We submit that, the petitioner Nos.1 to 4 are Accused Nos.1 to 4 respectively in C.C No.642/2023 (Akkur Police Station Crime No.87/2023) for the alleged offence punishable under Section 9, 10 of the Child Marriage Restraint Act, on the file of the learned Senior Civil Judge and Judicial Magistrate First Class, Channpatna. The respondent No.3 is Victim / CW-2/ wife of petitioner No.1.

2. We submit that, the petitioners have filed this petition to quash the charge sheet in C.C No.642/2023 (Akkur Police Station Crime No.87/2023) for the alleged offence punishable under Section 9, 10 of the Child Marriage Restraint Act, on the file of the learned Senior Civil Judge and Judicial Magistrate First Class, Channpatna.

3. The charge sheet is filed against the petitioners alleging that, the date of birth of the respondent No.3 is 06.01.2007. On 15.05.2023 the accused No.1 married to CW-2, a minor and accused Nos.2 to 4 got them married knowing that CW-2 was a minor girl.

4. We submit that, when the respondent 3 attained the age of 18 years 3 months and 27 days, on 02.05.2025, the marriage between the petitioner No.1 and CW-2 was solemnized at Sri Anjaneyaswamy Devasthan, Halaguru, Malavalli Taluk, Mandya District, as per Hindu rites and customs, in presence of relatives, friends and elders.

5. We submit that, in the month of July 2025, the Respondent No.3 has become pregnant. On 07.04.2026 a son Yuvaraj V was born to the petitioner No.1 and the respondent No.3 out of the said wedlock. The petitioner No.1 and the Respondent No.3 are leading happy married life together along with their son with love and affection. In order to facilitate the petitioners and the

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respondent No.3 to lead happy married life and to move on in their life, it is just and necessary to quash the charge sheet against the petitioners.

6. We submit that, the respondent No.3, out of her own free will, without any force or duress has no objection to quash the charge sheet against the petitioners in this case.

Wherefore, we, the petitioners and respondent No.3 most respectfully pray that, this Hon'ble Court may be pleased to permit the petitioners and respondent No.3 to compound the offence and quash the charge sheet against the petitioner Nos. 1 to 4 / accused Nos.1 to 4 in C.C No.642/2023 (Akkur Police Station Crime No.87/2023) for the alleged offence punishable under Section 9, 10 of the Child Marriage Restraint Act, on the file of the learned Senior Civil Judge and Judicial Magistrate First Class, Channpatna, in the interest of justice equity. We do hereby declare that what is stated in this Joint Memo is true and correct to the best of our knowledge, belief and information and to that effect we have signed this Joint Memo.”

4. The petitioner No.1 and respondent No.3 are present before the Court and are identified by their respective counsels.

5. In the light of joint memo as quoted supra being filed and on account of marriage of victim and accused No.1 and the offences not being against the State, I deem it appropriate to accept the settlement only in respect of accused

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No.1-petitioner No.1 and terminate the proceedings against accused No.1-petitioner No.1 in the subject petition.

6. Learned counsel for the petitioners submits that the petition may be disposed as withdrawn insofar as other accused-petitioner Nos.2 to 4 are concerned.

7. The submission is placed on record.

8. For the aforesaid reasons, the following:

ORDER

[I] Criminal Petition is disposed.

[II] Proceedings in C.C.No.642/2023 (Akkur Police Station Crime No.87/2023) pending before the Senior Civil Judge and Judicial Magistrate First Class, Channapatna, stands quashed qua accused No.1-petitioner No.1.

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[III] Criminal Petition is disposed as withdrawn in so far as other accused-petitioner Nos.2 to are concerned.

Sd/- (M.NAGAPRASANNA) JUDGE

CBC List No.: 2 Sl No.: 108