The High Court of Kerala quashed the FIR and criminal proceedings against the petitioner for offences under the POCSO Act after finding that the entire dispute had been amicably settled by the parties.
The impugned FIR in Crime No.161/2019 and all further proceedings pending against the accused stand quashed.
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 ALEXANDER THOMAS
TUESDAY, THE 22ND DAY OF OCTOBER 2019 / 30TH ASWINA, 1941
Crl.MC.No.5778 OF 2019(B)
CRIME NO.161/2019 OF Perambra Police Station , Kozhikode
PETITIONER/S:
MAYANKUTTY, AGED 79 YEARS S/O MOOSA,KOLLIYIL HOUSE,MARUTHERI,PERAMBRA, KOZHIKODE DISTRICT-673525.
BY ADVS. SRI.A.RANJITH NARAYANAN SRI.T.SHAJITH SMT.A.SIMI
RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR,HIGH COURT OF KERALA, REPRESENTING THE S.I.OF POLICE,PERAMBRA POLICE STATION,KOZHIKODE.
2 MUHAMMEDALI T., AGED 38 YEARS S/O KUNHAMMED,THACHAROTH HOUSE, MARUTHERIAMSOM,MENCHANNIAMDESOM, P.O.PERAMBRA,KOZHIKODE-673525 (FATHER AND NATURAL GUARDIAN OF VICTIM).
3 SAJITHA T., AGED 36 YEARS W/O MUHAMMEDALI.T,THACHORATH HOUSE, MARUTHERIAMSOM,MENCHANNAIMDESOM,P.O.PARAMBRA,KOZHIK ODE-673525(MOTHER AND NATURAL GUARDIAN OF VICTIM). R2-3 BY ADV. S.K.SAJU
OTHER PRESENT:
SRI.P.N.SUMODU, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.
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Crl.M.C.No. 5778 of 2019
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Dated this the 22nd day of October, 2019
O R D E R
The petitioner herein is the accused in the impugned Anx. A-1
FIR in Crime No.161/2019 of Perambra Police Station, registered for offences punishable under Sec.7 read with Sec. 8 of the POCSO Act, on the basis of the FI statement given by the victim. R-2 and R-3 are the father and mother of the victim boy, respectively. It is stated that now the entire disputes between the petitioner and respondent Nos.2 and 3 have been settled amicably and that respondents 2 and 3 have sworn to Anxs.A-7 and A-8 affidavits respectively, before this Court, wherein it is stated that they have settled the entire disputes with the petitioner and that they have no objection for quashment of the impugned criminal proceedings pending against the petitioner. It is in the light of these aspects that the petitioner has preferred the instant Crl.M.C. with the prayer to quash the impugned criminal proceedings against him.
Crl.M.C.5778/2019 - : 3 :-
Sec.482 of the Cr.P.C., if the parties have really settled the whole dispute or if the continuance of the prosecution will not serve any purpose. Here, this Court finds a real case of settlement between the parties and it is also found that continuance of the prosecution in such a situation will not serve any purpose other than wasting the precious time of the court, when the case ultimately comes before the court. On a perusal of the petition and on a close scrutiny of the investigation materials on record and the affidavit of settlement and taking into account the attendant facts and circumstances of this case, this Court is of the considered opinion that the legal principles laid down by the Apex Court in the cases as in Gian Singh v. State of Punjab reported in 2013 (1) SCC (Cri) 160 = (2012) 10 SCC 303 and Narinder Singh and others v. State of Punjab and anr . reported in (2014) 6 SCC 466, more particularly paragraph 29 thereof, could be applied in this case to consider the prayer for quashment.
Crl.M.C.5778/2019 - : 4 :-
The petitioner will produce certified copies of this order before the investigating officer concerned and the competent court below concerned. The office of the Advocate General will forward copy of this order to the investigating officer concerned for information.
With these observations and directions, the above Criminal Miscellaneous Case stands finally disposed of.
sdk+
Sd/- ALEXANDER THOMAS, JUDGE
Crl.M.C.5778/2019 - : 5 :-
APPENDIX
PETITIONER'S/S EXHIBITS:
| ANNEXURE | A1 CERT IN STAT |
IFIED COPY OF THE F.I.R.DATED 03 CRIME NO.161/2019 OF PERAMBRA ION. |
.03.2 POL |
019 ICE |
|---|---|---|---|---|
| ANNEXURE | A2 TRUE PETI |
COPY OF THE MEDICAL REPORTS TIONER |
OF | THE |
| ANNEXURE | A3 TRUE |
COPY OPF THE PRESCRIPTION | DA | TED |
| 17.1 PSYC |
2.2018 ISSUED BY DR.K.S.M HIATRIST. |
OHAN | ,THE | |
| ANNEXURE | A4 TRUE DATE |
COPY OF THE EXTRACT SCHOOL CER D 26.10.2018 |
TIFIC | ATE |
| ANNEXURE | A5 TRUE |
COPY OF THE PETITIONER'S AADHAR | CARD | |
| ANNEXURE | A6 TRUE CR.M ADDI |
COPY OF THE ORDER DATED 02.05 .C.NO.148/2019 PASSED BY THE TIONAL DISTRICT & SESSIONS COURT |
.2019 LEA FOR |
IN RNED THE |
| TRIA | L OF CASES RELATING TO ATROCIT | IES | AND | |
| SEXU CHIL |
AL VIOLENCE TOWARDS WOME DREN,KOZHIKODE. |
N | AND | |
| ANNEXURE | A7 THE THE |
NOTARIZED AFFIDAVIT DATED 16.07 2ND RESPONDENT FATHER |
.2019 | OF |
| ANNEXURE | A8 THE THE |
NOTARIZED AFFIDAVIT DATED 16.07 3RD RESPONDENT MOTHER. |
.2019 | OF |
1 issue framed by the court
Whether criminal proceedings under the POCSO Act can be quashed in view of a full settlement between the parties despite the offence being non-compoundable.
Colour shows how this judgement treated each authority
Gian Singh v. State of PunjabApplied¶25
Gian Singh v. State of Punjab, 2013 (1) SCC (Cri) 160 · Who else cites this
Narinder Singh and others v. State of Punjab and anrApplied¶25
Narinder Singh and others v. State of Punjab and anr, (2014) 6 SCC 466 · Who else cites this
2 provisions across 2 enactments
Mayankutty
State of Kerala
Muhammedali T.
Sajitha T.
Alexander Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Alexander Thomas
Parties & counsel
