Disposed

Prakasan v. State of Kerala

Kerala HC26 Nov 2021Crl.MC/1545/2018

Case brief

AI extract

What is this about?

The High Court dismissed the petition to quash criminal proceedings for rape, ruling that non-compoundable offences cannot be quashed on settlement. However, the court directed the Sessions Court to complete the trial expeditiously, ideally within four months, given the parties' settlement.

What did the court decide?

Directing the Assistant Sessions Court to complete the trial of S.C.No.687/2018 within four months from the date of receipt of the order.

Prakasan Vs State of Kerala — Quashing and FIR | Kerala HC (2021)

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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 ZIYAD RAHMAN A.A.

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FRIDAY, THE 26^TH DAY OF NOVEMBER 2021 / 5TH AGRAHAYANA, 1943

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CRL.MC NO. 1545 OF 2018

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[CRIME NO.1013/2017 OF VELLIKULANGARA POLICE STATION]

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[S.C.NO.687/2018 PENDING BEFORE THE ASSISTANT SESSIONS COURT,

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THRISSUR]

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PETITIONER/S:

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1 PRAKASAN AGED 45 YEARS S/O PRABHAKARAN, AGED 45 YEARS, PULLARIKKAL HOUSE,KOREACHAL DESOM, MATTATHUR VILLAGE,VELLIKULANGARA, CHALAKUDY TALUK, THRISSUR DISTRICT.

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2 PRASANTH S/O PRABHAKARAN, AGED 35 YEARS,PULLARIKKAL HOUSE, KOREACHAL DESOM,MATTATHUR VILLAGE, VELLIKULANGARA,CHALAKUDY TALUK, THRISSUR DISTRICT.

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BY ADVS. SRI.PHILIP T.VARGHESE SMT.ACHU SUBHA ABRAHAM SRI.THOMAS T.VARGHESE

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RESPONDENTS/STATE AND DE FACTO COMPLAINANT:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING STATION HOUSE OFFICER, VELLIKULANGARA POLICE STATION, VELLIKULANGARA-680693.

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2 VICTIM. XXX XXX XXX

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BY ADV SRI.BINESH.K.N.

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OTHER PRESENT:

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R1 BY PP-SRI.ARAVIND V. MATHEW

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26.11.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC No.1545 of 2018 2

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The petitioners are accused Nos.1 and 2 in

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Crime No.1013/2017 of Vellikulangara Police

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Station. The aforesaid case is now pending as

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S.C.No.687/2018 before the Assistant Sessions

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Court, Thrissur. The offence alleged against the

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petitioners are under Sections 376, 376(2)(n) r/w. Section 34 of the Indian Penal Code (IPC) and

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Section 119(b) of the Kerala Police Act.

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This Crl.M.C. is filed by the petitioners

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seeking to quash the final report submitted

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against them.

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The learned counsel for the petitioners pointed out that the matter has been settled between the parties and an affidavit to that

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effect has been submitted before this Court as

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Annexure-A6. However, it is a well settled

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position of law as held by the Hon’ble Supreme

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Court in Shimbu & Anr. v. State of Haryana

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CRL.MC No.1545 of 2018 3

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[(2014)13 SCC 318] and State of Madhya Pradesh v. Madanlal [(2015)7 SCC 681] that the offence under Section 376 IPC is a non compoundable offence and an offence committed against the society. Therefore, it is specifically held in the said judgments that the High Court cannot quash the proceedings under Section 482 of the Code of Criminal Procedure (Cr.PC) on the basis of a settlement between the parties. In the light of

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the principles laid down as above, the prayer sought for by the petitioners cannot be entertained.

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At this juncture, the learned counsel for the petitioners confines her arguments to the

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prayer for expeditious disposal of the Sessions case. It is submitted by the learned counsel for

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the petitioners that, The Sessions case is

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scheduled for trial on 2.12.2021. Considering the facts and circumstances of the case and also in the light of the reported settlement between the

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CRL.MC No.1545 of 2018 4

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parties, I am of the view that a direction to that effect can be passed.

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Accordingly, this Crl.M.C is disposed of

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directing the Assistant Sessions Court, Thrissur to complete the trial in S.C.No.687/2018 pending before that court as expeditiously as possible, at any rate, within four months from the date of receipt of copy of this order.

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Sd/-

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ZIYAD RAHMAN A.A. JUDGE

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pkk

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CRL.MC No.1545 of 2018 5

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APPENDIX OF CRL.MC 1545/2018

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PETITIONER ANNEXURE

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ANNEXURE A1 TRUE COPY OF THE FIR IN CRIME NO.1013/2017 OF VELLIKULANGARA POLICE STATION DATED 13.11.2017. ANNEXURE A2 TRUE COPY OF THE FIRST INFORMATION STATEMENT GIVEN BY DEFACTO COMPLAINANT TO SUB INSPECTOR OF POLICE, VANITHA POLICE STATION, THRISSUR RURAL DATED 13.11.2017. ANNEXURE A3 TRUE COPY OF FIR REGISTERED IN CRIME NO.71/2014 OF VELLIKULANGARA POLICE STATION DATED 20.01.2014. ANNEXURE A4 TRUE COPY OF FIRST INFORMATION STATEMENT GIVEN BY THE DEFACTO COMPLAINANT IN CRIME NO.71/2014 DATED 20.01.2014. ANNEXURE A5 TRUE COPY OF THE JUDGMENT OF THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT CHALAKUDY IN C.C NO.4268/2014 DATED 11.10.2017. ANNEXURE A6 TRUE COPY OF THE AFFIDAVIT EXECUTED BY THE 2ND RESPONDENT DATED 30.11.2017. ANNEXURE A7 TRUE COPY OF THE FINAL REPORT IN CRIME NO.1013/2017 OF VELLIKULANGARA POLICE STATION DATED 6.2.2018

Prakasan v. State of Kerala

Case brief

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What did the court decide?

Prakasan v. State of Kerala

Case brief

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What did the court decide?

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