The Karnataka High Court has quashed criminal proceedings in a POCSO and rape case after noting that the survivor had married the accused after attaining majority and was now eight months pregnant. The Court observed that continuing the prosecution would amount to an abuse of the legal process in the peculiar facts of the case.
Justice Geetha K.B. passed the order while allowing a petition filed by Shivaraj S/o Basappa Naduvinkeri under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
Background Of The Case
According to the prosecution, the accused allegedly took the minor girl away from her parents in April 2024 and committed repeated sexual assault. Based on the complaint, police registered offences under Sections 363 and 376(2)(N) of the IPC along with Sections 4 and 6 of the Protection of Children from Sexual Offences (POCSO) Act.
During the hearing, the Court noted that the survivor’s date of birth was 26 April 2006 and she was “only 9 days short of attaining majority” at the time of the alleged incident.
The Court was also informed that the couple got married on 25 May 2025 after the survivor became a major, and the marriage had been officially registered.
The survivor personally appeared before the Court and stated that she was living happily with the petitioner and his family. She further told the Court that she was in the eighth month of pregnancy and wanted the criminal case against her husband to be closed.
The Court also noted that during trial, the survivor had not supported the prosecution’s allegations while being examined as a witness.
Justice Geetha K.B. observed that although offences under the POCSO Act are non-compoundable, the High Court could still exercise its inherent powers to secure the ends of justice.
Referring to earlier Supreme Court rulings, the bench said the powers under Section 482 CrPC and Section 528 BNSS are meant to prevent abuse of court process in exceptional situations.
“The victim has taken decision that she should live with the petitioner,” the Court observed while noting that the couple had already settled into married life and were expecting a child soon.
The Court further said that continuation of the trial would disturb the peaceful future of the family and would serve no meaningful purpose, especially when the survivor herself did not wish to pursue the matter.
Allowing the petition, the Karnataka High Court quashed the proceedings pending before the Additional District and Sessions Judge, Gadag, in Crime No.60/2024 arising out of Shirahatti Police Station.
Case Details
Case Title: Shivaraj S/O Basappa Naduvinkeri vs The State of Karnataka
Case Number: Criminal Petition No. 100997 of 2026
Judge: Justice Geetha K.B.
Decision Date: 26 May 2026
