Allowed

Jijo Varghese v. the State of Kerala

Kerala HC18 Sept 2015Crl.MC/3262/2014

Case brief

AI extract

What is this about?

The Kerala High Court allowed a petition under Section 482 Cr.P.C. to quash proceedings under Section 12 POCSO. The court accepted an affidavit stating the dispute was amicably settled by the victim's guardian, finding no public interest involved.

What did the court decide?

The petition is allowed. The FIR and further proceedings in Crime No. 243/2014 of the Peringom Police Station stand quashed.

Jijo Varghese Vs the State of Kerala — Child Sexual Offences (POCSO) | Kerala HC (2015)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE P.UBAID

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FRIDAY, THE 18TH DAY OF SEPTEMBER 2015/27TH BHADRA, 1937

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Crl.MC.No. 3262 of 2014 ()

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CRIME NO. 243/2014 OF PERINGOME POLICE STATION , KANNUR DISTRICT ====================

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PETITIONER/ACCUSED:

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JIJO VARGHESE, AGED 29 YEARS S/O.M.M.VARGHESE, MECHERIL HOUSE, KEEZHOR MULAKULAM VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT.

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BY ADV. SRI.M.J.THOMAS

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RESPONDENTS/STATE & DEFACTO COMPLAINANT:

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1. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.

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2. AMAL SIBI, S/O.SIBI, OLICKAL HOUSE, THAYYENI, THAYYENI.P.O., PALAVAYAL VILLAGE VELLARIKUNDU TALUK, KASARGOD-670511.

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R2 BY ADV. SRI.JOSE PALLATTUKARAN R1 BY PUBLIC PROSECUTOR SRI. JUSTIN JACOB

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 3262 of 2014 ()

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APPENDIX

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PETITIONER'S EXHIBITS

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ANNEXURE A- CERTIFIED COPY OF THE FIR IN CRIME NO.211/2014 OF THE ALACODE POLICE STATION.

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ANNEXURE B- CERTIFIED COPY OF THE FIR IN CRIME NO.243/2014 OF PERINGOM POLICE STATION WITH FIS OF THE DEFACTO COMPLAINANT.

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RESPONDENTS' EXHIBITS

NIL

TRUE COPY

P.A. TO JUDGE

P. UBAID, J.

Crl.M.C.No.3262 of 2014

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Dated this the 18^th day of September, 2015

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A prosecution involving the offence under Section 12 of the Protection of Children from Sexual Offences Act, is sought to be quashed by the accused under Section 482 Cr.P.C., on the ground of amicable settlement of the whole dispute out of court. Police registered the crime on the statement given by the juvenile victim aged only 15 years at that time. Now, the father of the victim as guardian has filed affidavit to the effect that the whole dispute stands amicably settled out of court, and he or his child has no complaint or grievance. I am well satisfied that the parties have come to terms, and this is not a case involving any public interest or public issue. It is submitted by the learned Public Prosecutor, on instructions, that the petitioner is not involved in any other case of similar nature.

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In so many decisions, the Honourable Supreme Court has held that even in cases involving non-compoundable offences, the High Court can quash the prosecution, if the parties have come to

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Crl.M.C.. No. 3262/2014 2

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terms amicably out of court. Here, I find a real and genuine case of settlement between the parties. In such a situation, continuance of the prosecution will not serve any purpose other than wasting the precious time of the court. No doubt, nobody will support the prosecution in such a situation, if the case goes to trial. Hence, the petition is allowed. The FIR and further proceedings in Crime No.243/2014 of the Peringom Police Station will stand quashed under Section 482 Cr.P.C.

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Sd/-

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P. UBAID, JUDGE

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Jijo Varghese v. the State of Kerala

Case brief

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Jijo Varghese v. the State of Kerala

Case brief

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