Sri Rajkumar Tonnur v. State by

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL PETITION NO. 9826 OF 2026 BETWEEN:

SRI RAJKUMAR TONNUR S/O NAGANNA TANNOOR AGED ABOUT 23 YEARS, NEAR HANUMAN TEMPLE, HAYALA VILLAGE, HATTIGUDU POST, YADGIR, YADGIRI TALUK - 585 223

PRESENTLY RESIDING AT NEAR HOSUR ROAD METRO STATION, BASAVAPURA, NEAR HOSUR ROAD, BENGALURU - 560 100. …PETITIONER (BY SRI MOHAN KUMAR B.M., ADVOCATE) AND:

¶1STATE BY BYAPPANAHALLI POLICE STATION, BENGALURU REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BUILDING BENGALURU - 560 001.

¶2SMT. EEJAMMA W/O. SHIVANNA AGED ABOUT 38 YEARS R/AT. NEAR GANESHA TEMPLE HOSANAGARA, KRISHNAIYANAPALYA BENGALURU - 560 083

(MOTHER OF THE VICTIM GIRL) …RESPONDENTS (BY SRI G.S.ARUNA, HCGP FOR R-1; SRI MADHU D., ADVOCATE FOR R-2)

THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO ALLOW THIS PETITION AND QUASH THE FIR IN CR.NO.285/2025 DATED 27.12.2025 REGISTERED BY THE 1ST RESPONDENT POLICE ON THE BASIS OF THE COMPLAINT DATED 27.12.2025 NOW PENDING BEFORE THE HON'BLE FAST TRACK COURT-III CITY COURT COMPLEX, BANGALORE (FTSC-III) FOR THE OFFENCES P/U/S 4, 5(J)(ii), 6 OF POCSO ACT AND 64 OF BNS.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

ORAL ORDER

Learned High Court Government Pleader accepts notice for the first respondent.

¶2Vakalath filed by the learned counsel on behalf of respondent No.2 is taken on record.

¶3Heard the learned counsel for the petitioner, learned High Court Government Pleader for respondent No.1 and learned counsel for de facto complainant - respondent No.2, the mother of the victim. The victim is also present before the Court and it is stated that she has now attained the age of majority.

¶4The petition is filed seeking to quash the proceedings in FIR in Crime No.285/2025, registered on 27.12.2025, by the first respondent, police.

¶5The offences alleged are punishable under Sections 4, 5(j)(ii) and 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 64 of Bharatiya Nyaya Sanhita, 2023.

¶6Learned counsel for the petitioner would submit that when the alleged incident took place, the victim was aged 17 years and 7 months. The petitioner is none other than the complainant's brother's son and the petitioner and the victim being relatives were known to each other since many years.

¶7It is the further submission that the petitioner has married the victim after she attained the age of 18 and the marriage is solemnized on 05.02.2026 and the marriage is duly registered before the jurisdictional Sub-Registrar. The document is produced along with the interlocutory application - I.A.No.1/2026.

¶8The petitioner, respondent No.2 - mother of the victim and the victim are present before the Court. On an enquiry by the Court, the parties jointly submit that the petitioner and the victim are residing together after the marriage and there is no issue between the parties and there is absolute harmony between the petitioner, the victim girl and the second respondent.

¶9The mother who is present before the Court also submits that the petitioner / husband and the victim / the daughter of respondent No.2 are residing together. The interlocutory application is filed invoking Section 528 read with Section 359 of the Bharatiya Nagarik Suraksha Sanhitha, 2023 to compound the offences in the present proceedings. The

application is also supported by the affidavits of the petitioner and the victim as well as the de-facto complainant.

¶10This Court, after going through the contents of the complainant's affidavit and the materials placed on record, is of the view that the prosecution of the petitioner after the marriage with the victim does not serve any purpose and that may jeopardise the marital relationship between the petitioner and the victim.

¶11Under these circumstances, the following: ORDER a. The petition is allowed. b. The proceedings in FIR in Crime No.285/2025 are quashed. c. The interlocutory application - I.A.No.1/2026 is also allowed.

(ANANT RAMANATH HEGDE) JUDGE

NVJ List No.: 1 Sl No.: 59