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CRL.P No. 105298 of 2025

IN THE HIGH COURT OF KARNATAKA AT DHARWAD

DATED THIS THE 29

TH

DAY OF MAY, 2026

BEFORE

THE HON'BLE MRS JUSTICE GEETHA K.B.

CRIMINAL PETITION NO. 105298 OF 2025 (482(Cr.PC)/528(BNSS))

BETWEEN:

SOHAIL S/O. MAHAMMED GOUSE NASVALE,

AGE: 23 YEARS, OCC: COOLIE,

R/O: NEAR CIVIL HOSPITAL, ALNAVAR,

DIST: DHARWAD – 581 103.

…PETITIONER

(BY SRI. VENKATESH M. KHARVI, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA,

THROUGH ASHOK NAGAR

POLICE STATION, DHARWAD,

R/BY STATE PUBLIC PROSECUTOR,

DHARWAD – 580 001.

2. SMT. BIBI AFRIN NADAF W/O. NASHRAD NADAF,

AGE: 38 YEARS, OCC: TECHNICIAN,

R/O: GAVISIDDESHWAR COLONY,

GOPANAKOPPA, TQ: HUBBALLI,

DIST: DHARWAD – 580 023.

…RESPONDENTS

(BY SRI. JAIRAM SIDDI, HCGP FOR R1;

SRI. RAKESH S. HATTIKATAGI, ADV. FOR R2)

THIS CRIMINAL PETITION IS FILED U/S 528 OF BNSS,

PRAYING TO QUASHED ORDER PASSED BY II ADDL. DISTRIC T

AND SESSION JUDGE DHARWAD AND SPECIAL COURT FOR

TRAI OF THE OFFENCES UNDER THE P.O.C.S.O. ACT AND SC

AND ST (P.O.A) ACT. DATED 23/08/2025, IN SPL CASE

NO-101/2024 FOR THE OFFENCES PUNISHABLE U/SEC 64 OF

THE BNS 2023, AND U/SECTION 4, 8 AND 12 OF THE POCS O

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ACT. BY ALLOWING THE PETITION IN THE INTEREST OF

JUSTICE AND EQUITY.

THIS CRIMINAL PETITION, COMING ON FOR ADMISSION

THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MRS JUSTICE GEETHA K.B.

ORAL ORDER

Petitioner, respondent No.2 and victim are present

before the Court and they are identified by their respective

counsels. Learned counsels for petitioner and respondent

No.2 have filed the application under Section 528 o f

Bharatiya Nagarik Suraksha Sanhita (for short, BNSS,

2023) r/w Section 359 of BNSS, 2023 praying for

permission to compound the proceedings in

Spl.Case.No.101/2024 registered for the offences

punishable under Section 64 of Bharatiya Nyaya Sanhi ta

(for short, BNS, 2023) and Sections 4, 8 and 12 of

Protection of Children from Sexual Offences Act (for short,

‘POCSO Act’), 2012. It is accompanied by the affidavits of

the petitioner, respondent No.2 and the victim.

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CRL.P No. 105298 of 2025

2. Heard both sides on the compromise petition

and also on the main petition.

3. This is the petition filed under Section 528 of

BNSS, 2023 seeking to quash the order dated 23.08.20 25

passed in Spl.C.No.101/2024 and also praying for

quashing the entire proceedings in Spl.Case.No.101/2024

on file of II Additional District and Sessions Judg e,

Dharwad and Special Court for Trial of the offences under

POCSO Act and S.C and S.T (P.O.A) Act (In short, ‘Special

Court’)

4. Brief facts alleged in the charge sheet are that

the petitioner knowingfully well that the victim is minor

was following her, threatened her and forcibly touched her

hands and body and kissed her, during September had

physical contact with her; on 23.10.2024 at 03.00 a .m.,

he entered the house of first informant and took the victim

on the top floor of the house, touched her hands and body

and kissed her and forced her to have physical relationship

with him and thereby committed the aforesaid offences.

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5. Medical report produced along with charge-

sheet clearly indicates that there is no history of

penetrative sexual act on the victim. In the statement of

victim under Section 183 of BNS, 2023 before the learned

J.M.F.C., victim stated that there was no physical contact

between her and the petitioner.

6. Only based on the statement being recorded by

the Investigating Officer, the charge-sheet is filed alleging

the offences punishable under Sections 4, 8 and 12 of

POCSO Act, 2012, R/w Section 64 of BNS, 2023 against

the petitioner.

7. To attract the offence under Section 4, there

shall be penetrating sexual assault which is define d in

Section 3 of POCSO Act, 2012, which reads as follows:

“3. Penetrative sexual assault.—A person

is said to commit “penetrative sexual assault”

if—

(a) he penetrates his penis, to any

extent, into the vagina, mouth, urethra or

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anus of a child or makes the child to do so

with him or any other person; or

(b) he inserts, to any extent, any

object or a part of the body, not being the

penis, into the vagina, the urethra or anus of

the child or makes the child to do so with him

or any other person; or

(c) he manipulates any part of the

body of the child so as to cause penetration

into the vagina, urethra, anus or any part of

body of the child or makes the child to do so

with him or any other person; or

(d) he applies his mouth to the penis,

vagina, anus, urethra of the child or makes

the child to do so to such person or any other

person.”

8. There is no allegation in the statement of victim

recorded under Section 183 of BNSS, 2023 by the lea rned

Magistrate regarding the ingredients of Section 3 o f

POCSO Act, 2012. Further, the medical report of th e

doctor does not indicate such incident. Only if penetrative

sexual assault as defined under Section 3 is commit ted

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against the victim; then it is punishable under Section 4 of

POCSO Act, 2012, which is lacking in this case.

9. The remaining offences alleged against

petitioner are punishable under Sections 8 and 12 o f

POCSO Act, 2012. Section 8 would be attracted, if a ny

person commits sexual assault. Sexual assault is defined

under Section 7 of POCSO Act, 2012, which reads as

follows:

“7. Sexual assault.—Whoever, with sexual

intent touches the vagina, penis, anus or breast of

the child or makes the child touch the vagina,

penis, anus or breast of such person or any other

person, or does any other act with sexual intent

which involves physical contact without

penetration is said to commit sexual

assault.”

10. If a sexual assault is committed against any

child, then it is punishable under Section 12 of POCSO Act,

2012. Child is defined under Section 2(d) of the PO CSO

Act, 2012. According to it, the child means ‘any pe rson

below the age of 18 years’.

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11. Apparently, the victim was below the age of 18

years as on the date of alleged incident. This alle ged

incident had taken place on 23.10.2024 at 03.00 a.m ., on

the top floor of the house of first informant. If sexual

assault against a child is established, then it is punishable

under Section 12 of the POCSO Act, 2012 as discusse d

above.

12. In an instant case, it is not the case of

prosecution that the accused has touched the vagina or

breast of the child or makes the child to touch his penis or

anus or does any other act with sexual intent which

involves physical contact without penetration.

13. The only allegation in the present case is that,

accused has kissed the minor victim and there is no other

allegation against the petitioner. Even though, there is

mention in the charge sheet that during September, once

petitioner had physical relationship with the victim, the

same is not substantiated by medical evidence. Furt her,

the date, time or place of such incident is not mentioned in

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the charge-sheet. As discussed above, already the v ictim

has stated before the learned J.M.F.C., that there is no

physical contact between her and the petitioner, but the

petitioner came to her house at 03.00 a.m. which is

evidenced by others.

14. Under these circumstances, apparently the

offences under Sections 4, 8 and 12 of POCSO Act, 2 012

would not be attracted. When Sections 4 and 6 of PO CSO

Act, 2012 are not attracted, then the offence under

Section 64 of the BNS, 2023 could also be not attracted.

15. The alleged offences under Sections 4, 8 and 12

of POCSO Act, 2012 R/w Section 64 of BNS, 2023 are n on-

compoundable in nature. Even then, this Court can

exercise its inherent powers under Section 528 of BN SS,

2023. In this regard, this Court places reliance on the

judgment of Hon'ble Supreme Court in case of Gian Singh

v. State of Punjab & Another, reported in (2012) 10

SCC 303 wherein, at paragraph No.61 held as follows:

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“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 or complaint 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

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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

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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.”

16. Thus, the powers that this court can

exercise under Section 528 of BNSS, 2023 is distinct

and different from the powers that exercised by

criminal courts under Section 359 of BNSS, 2023.

However, such powers are to be exercised judiciousl y

to secure the ends of justice and to prevent abuse of

process of court.

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17. The Hon’ble Apex Court in case of

Madhukar & Ors. Vs. The State of Maharashtra

and Another in paragraph Nos.6 and 7 held as

follows:

6. At the outset, we recognise that the offence

under Section 376 IPC is undoubtedly of a grave

and heinous nature. Ordinarily, quashing of

proceedings involving such offences on the ground

of settlement between the parties is discouraged

and should not be permitted lightly. However, the

power of the Court under Section 482 CrPC to

secure the ends of justice is not constrained by a

rigid formula and must be exercised with reference

to the facts of each case.

7. In the present matter, we are confronted with

an unusual situation where the FIR invoking

serious charges, including Section 376 IPC, was

filed immediately following an earlier FIR lodged by

the opposing side. This sequence of events lends a

certain context to the allegations and suggests

that the second FIR may have been a reactionary

step.

More importantly, the complainant in the second

FIR has unequivocally expressed her desire not to

pursue the case. She has submitted that she is

now married, settled in her personal life, and

continuing with the criminal proceedings would

only disturb her peace and stability. Her stand is

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neither tentative nor ambiguous, she has

consistently maintained, including through an

affidavit on record, that she does not support the

prosecution and wants the matter to end. The

parties have also amicably resolved their

differences and arrived at a mutual understanding.

In these circumstances, the continuation of the

trial would not serve any meaningful purpose. It

would only prolong distress for all concerned,

especially the complainant, and burden the Courts

without the likelihood of a productive outcome.

18. Considering the above principles noted in all

the above citations, this Court is of the opinion that

this Court can exercise its power under Section 528 of

BNSS, 2023 even for the offences which are not

covered under Section 359 of BNSS, 2023. Thus,

inherent power under Section 528 of BNSS, 2023 can

be exercised to quash criminal proceedings if the Court

is of the considered opinion that continuation of

criminal case is not in the interest of parties and on the

other hand ends of justice would be secured, if criminal

proceedings are quashed.

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19. As discussed above, when the ingredients of

Sections 4, 8 and 12 POCSO Act, 2012 and Section 64

of BNS, 2023 are not attracted from the facts of the

case and when parties have already entered into the

compromise, there is no need to continue the criminal

proceedings against petitioner. Even though, the

offences alleged against petitioner are grave and

heinous in nature, the continuation of these

proceedings would not require, because as discussed

above the ultimate result of continuation of

proceedings would be chances of acquittal of the

petitioner only, as there is no medical evidence an d

statement of the victim before the learned JMFC. Thus,

the criminal proceedings initiated against petitioner are

to be quashed to prevent abuse of the process of th e

Court.

20. For the above reasons, this Court pass the

following:

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ORDER

i) The petition filed under Section 528 of

BNSS, 2023 is allowed.

ii) Proceedings against petitioner in Crime

No.85/2024 which is resulted in Special

Case No.101/2024 on the file of II

Additional District and Sessions Judge,

Dharwad and Special Court for Trial of the

offences under POCSO Act and S.C and S.T

(P.O.A) Act for the offences punishable

Sections 4, 8 and 12 of POCSO Act, 2012

and Section 64 of BNS, 2023 are hereby

quashed.

iii) All pending applications, if any, shall stand

disposed of.

Sd/-

(GEETHA K.B.)

JUDGE

RKM:Para 1 to 4

SSP:Para 5 to end,

CT: ASC List No.: 1 Sl No.: 22