The Court allowed a petition seeking quashing of an FIR and related proceedings based on a recorded amicable settlement between the accused and the victim, holding that continuing prosecution served no purpose.
The FIR and further proceedings in Crime No. 2087/2014 were quashed under Section 482 CrPC.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
TUESDAY, THE 22ND DAY OF SEPTEMBER 2015/31ST BHADRA, 1937
Crl.MC.No. 2758 of 2015 ()
CRIME NO. 2087/2014 OF THE PARAVOOR POLICE STATION, KOLLAM DISTRICT ====================
PETITIONER/ACCUSED:
SANTHOSH KUMAR B, AGED 37 YEARS S/O.SURESH KUMAR, SURESH BHAVAN POZHIKKARA, PARAVOOR.P.O., KOLLAM.
BY ADVS.SRI.PRATHEESH.P
SMT.S.SEETHA
RESPONDENTS/DE-FACTO COMPLAINANT & STATE:
1. STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE PARAVOOR POLICE STATION THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA-682031.
2. ANU MOHAN, AGED 29 YEARS D/O.OMANA, KUZHIVILA VETTIL KURUMANNOOR CHERRY PARAVOOR VILLAGE, KOLLAM DISTRICT-691361.
R2 BY ADV. SRI.A.MUHAMMED RAFFI
R1 BY PUBLIC PROSECUTOR SRI. JUSTIN JACOB
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 22-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 2758 of 2015 ()
APPENDIX
PETITIONER'S EXHIBITS
ANNEXURE 1- THE COPY OF FIR WITH FIS IN CRIME NO.2087/2014 OF PARAVOOR POLICE STATION.
ANNEXURE 2- THE COPY OF AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 27.2.2015.
RESPONDENT'S EXHIBITS
NIL
TRUE COPY P.A. TO JUDGE
SD
P. UBAID, J.
Crl.M.C.No.2758 of 2015
Dated this the 22nd day of September, 2015
The petitioner seeks orders quashing the F.I.R and further proceedings in Crime No.2087/2014 of the Paravoor Police Station, registered under Sections 342, 323, 324, 511, 376 & 354 IPC, on the complaint of one Anu Mohan. Orders are sought on the ground of amicable settlement of the whole dispute between the accused and the de facto complainant out of court. The de facto complainant Anu Mohan is the 2nd respondent in this proceeding brought under Section 482 of the Code of Criminal Procedure. She has filed affidavit to the effect that she has settled the whole dispute with the accused, and she has no grievance or complaint. The victim of offence appeared before me, as directed from the court, and explained the circumstance of the reported settlement. On interacting with her, and on a perusal of the materials, I do not find a definite case of attempted rape here. Of course an offence under Section 354 IPC is made out, but, the parties have come to terms amicably, and the victim
2
Crl.M.C..No. 2758/2015
has no grievance or complaint now. She affirmed before me that she settled the dispute quite voluntarily, and she is not interested in the prosecution.
In the result, this petition is allowed. The F.I.R and further proceedings in Crime No.2087/2014 of the Paravoor Police Station will stand quashed under Section 482 of the Code of Criminal Procedure.
Sd/-
P. UBAID, JUDGE
sd
2 issues framed by the court
Whether the High Court can quash the FIR and proceedings in a compoundable offence despite allegations of attempted rape.
Whether amicable settlement between the accused and the victim warrants quashing of prosecution under Section 482 CrPC.
Colour shows how this judgement treated each authority
(precedents not specifically named in text)Referred¶33
2 provisions across 2 enactments
SANTHOSH KUMAR B
STATE OF KERALA
ANU MOHAN
P. UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
