Three accused petitioned to quash prosecution for assault and POCSA violations citing an amicable settlement with the complainant. The Court found the settlement genuine and voluntary, concluding that continuation of proceedings served no purpose.
Prosecution quashed under Section 482 CrPC; petitioners released; bail bond discharged.
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 8TH DAY OF SEPTEMBER 2015/17TH BHADRA, 1937
Crl.MC.No. 5795 of 2015 ()
AGAINST SC 100/2014 of SESSIONS COURT,THALASSERY CRIME NO. 1056/2012 OF PAYANGADI POLICE STATION , KANNUR
PETITIONER(S)/ACCUSED NO.1-3:
BY ADVS.SRI.ZUBAIR PULIKKOOL
SRI.P.S.BINU
RESPONDENT(S)/ DE FACTO COMPLAINANT:
R1 BY ADV. SMT.P.A.ANEESHA
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 08-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 5795 of 2015 ()
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE-I. COPY OF THE FINAL REPORT IN CRIME NO.1056/2012 OF PAZHAYANGADI POLICE STATION. ANNEXURE-II. TRUE COPY OF THE AFFIDAVIT OF THE 1ST RESPONDENT
RESPONDENT(S)' EXHIBITS
/TRUE COPY/
P.S TO JUDGE
P.UBAID, J.
~~~~~~~~~~
Crl.M.C No. 5795 of 2015 ~~~~~~~~~~~
Dated this the 8th September, 2015
O R D E R
The petitioners herein are the three accused in S.C 100 of 2014 of the Sessions Court, Thalassery. They seek orders quashing the prosecution on the ground of amicable settlement of the whole dispute between them and the de facto complainant. Crime in this case was registered under Sections 341, 323, 506 (i) and 511 of 377 read with Section 34 I.P.C and also under Sections 8, 12 and 18 of the Protection of Children from Sexual Offence Act, 2012 on the complaint of one Muhammed Razal, who is the 1st respondent in this proceeding brought under Section 482 of the Code of Criminal Procedure. He has filed affidavit to the effect that he has settled the whole dispute with the accused, and he has no grievance or complaint now.
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submitted that he is now aged 19 years, and that he settled the dispute quite voluntarily. On a perusal of the materials, I find that there is nothing definite to attract the offence under Section 377 I.P.C read with 511, I.P.C. What is prominent is only the allegation of assault and the whole dispute stands settled forever. I am well satisfied that the complainant victim thought of settlement in his own interest, for fear that he is exposed to a trial process in the given situation, it will cause embarrassment to him. Now the parties are n quite cordial terms, and the complainant does not want to prosecute the matter further.
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parties have come to terms amicably on the intervention of persons acceptable to both sides. 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.
In the result, this petition is allowed. The prosecution against the petitioners herein in S.C 100 of 2014 of the Sessions Court, Thalassery will stand quashed under Section 482 of the Code of Criminal Procedure. Accordingly, the petitioners will stand released from prosecution and the bail bond, if any, executed by them will stand discharged.
Sd/P.UBAID JUDGE
ma
/True copy/
P.S to Judge
Crl.M.C No. 5795 of 2015
4
P.UBAID JUDGE
ma
2 issues framed by the court
Whether the High Court can quash a prosecution under CrPC Section 482 where the accused and the complainant have amicably settled the dispute in a non-compoundable offence.
Whether amicable settlement removes the public interest requirement for quashing the criminal proceedings.
1 provisions across 1 enactments
JASIF M.
MAKSOOD
THAFI T.P.
MUHAMMED RAZAL
STATE OF KERALA
P.UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
