In a criminal miscellaneous petition, the High Court of Kerala quashed final report and proceedings in a sexual harassment case against a minor child's guardian due to settlement between parties, exercising inherent powers under Section 482 CrPC.
Quashing of final report and further proceedings in S.C.No.92/17 against the petitioner under Sections 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 B.SUDHEENDRA KUMAR
THURSDAY, THE 27TH DAY OF JULY 2017/5TH SRAVANA, 1939
Crl.MC.No. 4698 of 2017 ()
SC 92/2017 of ADDL. SESSIONS COURT (FOR TRIAL OF CASES RELATING TO ATROCITIES AND SEXUAL VIOLENCE TOWARDS WOMEN AND CHILDREN)
CRIME NO. 696/2016 OF POOJAPPURA POLICE STATION , THIRUVANANDAPURAM
PETITIONER(S)/ACCUSED:
DEEPAK NAIR,
S/O PREMKUMAR,AGED 29 YEARS,TC 8/814(A),B9 TV NAGAR, THIRUMALA,THIRUVANANTHAPURAM.
BY ADV. SRI.AJITH KRISHNAN
RESPONDENT(S)/STATE & COMPLAINANT:
VILLAGE,THIRUVANANTHAPURAM.
R2,3 BY ADV. SRI.K.P.JAYACHANDRAN
BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27-07-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 4698 of 2017 ()
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE A CERTIFIED COPY OF THE FINAL REPORT ISSUED TO THE PETITIONER
ANNEXURE B ORIGINAL OF THE NOTARIZED AFFIDAVIT SWORN BY THE 3RD RESPONDENT ON BEHALF OF THE 2ND RESPONDENT.
RESPONDENT(S)' EXHIBITS
B. SUDHEENDRA KUMAR, J.
-------------------------------Crl.M.C. No.4698 of 2017
Dated this the 27th day of July, 2017
O R D E R
The petitioner is the accused in S.C.No.92/17 on the
files of the court below. The offences alleged are the offences under Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and Section 7 r/w 8 of the Protection of Children from Sexual Offences Act, 2012.
the parties and the learned Public Prosecutor that the matter
has been settled between the parties. The second respondent is the victim in this case, who is a boy aged five years. The third respondent, who is the mother of the victim, filed affidavit stating that the complaint against the petitioner was instituted due to some misunderstanding and presently the matter has been settled and hence she has no
Crl.M.C. No.4698 of 2017
-: 2 :-
further grievance against the petitioner.
the case, including the nature of allegations, I am of the view that since the matter has been settled between the parties, quashing the said offences would secure the ends of justice. For the said reason, I am inclined to quash the final report and further proceedings against the petitioner in S.C.No.92/17 on the files of the court below, in exercise of the inherent power under Section 482 Cr.P.C., to meet the ends of justice and accordingly, I order so.
In the result, this Crl.M.C. stands allowed.
Sd/-
B. SUDHEENDRA KUMAR, JUDGE
STK
//TRUE COPY//
//P.A. TO JUDGE//
2 issues framed by the court
Whether proceedings under POCSO and JJ Act should be quashed upon settlement.
Whether exercise of inherent power under Section 482 CrPC secures ends of justice here.
1 provisions across 1 enactments
DEEPAK NAIR
THE STATE OF KERALA
GAUTHAM
RAKHI.V.NAIDU
B. SUDHEENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
