This High Court of Kerala dismissed a criminal miscellaneous petition seeking to quash proceedings under the POCSO Act. The court held that such offenses cannot be set aside by private settlement and directed the lower court to expedite the trial.
Petition to quash proceedings dismissed; direction to lower court to expedite trial.
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 SUNIL THOMAS
FRIDAY, THE 27TH DAY OF JULY 2018 / 5TH SRAVANA, 1940
Crl.MC.No. 742 of 2018
AGAINST THE ORDER/JUDGMENT IN SC 509/2017 of SPECIAL COURT UNDER POCSO ACT, KOZHIKODE
CRIME NO. 501/2016 OF NADAKKAVU POLICE STATION , KOZHIKODE
PETITIONER(S)/DEFACTO COMPLAINANT:
SHAIK SHAHNAS, D/O ADURAHIMAN, AGED 19 YEARS, PULINHOLI HOUSE, MEMUNDA, VATAKARA
BY ADV.SRI.ZUBAIR PULIKKOOL
RESPONDENT(S)/ACCUSED/COMPLAINANT & STATE;:
1. ABDUL RAHIM @ RAIMU, S/O MUHAMMED, AGED 29 YEARS, VADAKKE KELAYATH HOUSE, PAYYANNUR - 670307.
2. MUHAMMED NISSAR, ,
3. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031.
R1,R2 BY ADV. SRI.B.MUHAMMED SHAHEEL
R BY PUBLIC PROSECUTOR:SMT M K PUSHPALATHA
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 27-07-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 742 of 2018 ()
APPENDIX
PETITIONER(S)' EXHIBITS:
ANNEXURE-1 CERTIFIED COPY OF THE F.I.R AND F.I STATEMENT IN CRIME NO. 501/2016 OF NADKKAVE POLICE STATION
ANNEXURE-2 THE CERTIFIED COPY OF FINAL REPORT NO. 289/2017 IN CRIME NO. 501/2016
ANNEXURE-3 AFFIDAVIT SWORN BY THE PETITIONER
RESPONDENTS EXHIBITS:NIL
True Copy / P A to Judge
SUNIL THOMAS, J.
=================
Crl.M.C.No.742 of 2018
=================
Dated this the 27th day of July, 2018
ORDER
Petitioner herein is the defacto complainant in S.C.No.509 of 2017 of the Additional District and Sessions Court, Kozhikode. It arises from Crime No.501 of 2016 of Nadakkavu Police Station, Kozhikode on an allegation that, accused offered to marry the petitioner herein, took her to a hotel and committed rape of her. When she became pregnant, he facilitated the abortion.
Accordingly, Crl.M.C is dismissed, however, with a direction to the court below to expedite the trial.
Sd/-
SUNIL THOMAS Judge
Sbna/27/7/18
True Copy / P A to Judge
1 issue framed by the court
Whether criminal proceedings arising from a rape allegation under POCSO can be quashed upon settlement between the parties.
Shaiik Shanas
Abdul Rahim @ Raimu
Muhammed Nissar
State of Kerala
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
