Case Note & Summary
The High Court of Karnataka at Bengaluru heard a criminal petition filed by five accused persons seeking to quash proceedings in Criminal Case No.4782 of 2022 pending before the Additional Civil Judge and JMFC, Devanahalli. The case arose from Crime No.61 of 2021 registered for offences under Sections 9, 10 and 11 of the Prohibition of Child Marriage Act, 2006. The prosecution stemmed from a suo motu complaint by the Child Development Project Officer, Devanahalli Taluk, alleging that the first petitioner, aged 27, married a minor girl aged 16, daughter of petitioners 4 and 5, on 30-08-2021. The petitioners admitted the facts but argued for quashing, contending they were ignorant of the law due to COVID-19 fears, the couple was living happily, the marriage was registered after the girl turned 18, and the trial would likely end in acquittal. The State opposed, asserting that admitted facts revealed sufficient material to proceed, and the court should not interfere at the charge stage under Section 528 of the BNSS. The court considered the submissions and material on record. It noted the undisputed facts: the marriage occurred when the girl was 16 and the boy 27, with other accused as parents and family members involved. The court analyzed Sections 9, 10, and 11 of the Act, emphasizing their role as legislative declarations against child marriage, with strict liability and a presumption under Section 11(2) against persons having charge of the minor. The court reasoned that the statutory mandate does not allow exceptions based on ignorance of law or marital happiness, and the admitted facts constituted a prima facie case. It held that further proceedings should continue, dismissing the petition to quash. The decision underscores the enforcement of child marriage prohibitions, rejecting subjective justifications.
Headnote
A) Criminal Law - Quashing of Proceedings - Section 528 BNSS (Section 482 CrPC) - Prohibition of Child Marriage Act, 2006 - Petitioners sought quashing of proceedings under Sections 9, 10 and 11 of the Act, citing ignorance of law and happy marital life - Court held that admitted facts of child marriage preclude quashing, and jurisdiction should not be exercised to stifle prosecution at charge stage - Emphasized that statutory mandate against child marriage must be enforced (Paras 6-8). B) Family Law - Child Marriage - Sections 9, 10, 11 Prohibition of Child Marriage Act, 2006 - Definition and Offences - Marriage involved a 16-year-old girl and 27-year-old man, constituting child marriage under Section 2B - Court analyzed statutory provisions, noting Sections 9, 10, and 11 form a bulwark against child marriage, with strict liability and presumptions under Section 11(2) - Held that admitted facts establish prima facie case, and ignorance of law or marital happiness cannot override statutory prohibitions (Paras 9-12).
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Issue of Consideration: Whether further proceedings under Sections 9, 10 and 11 of the Prohibition of Child Marriage Act, 2006 should be quashed on the grounds that the accused were ignorant of law and the couple is living happily?
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Final Decision
Court dismissed the criminal petition, refusing to quash the proceedings, and directed that further proceedings in C.C.No.4782 of 2022 shall continue.
