High Court quashed quashment petition filed seeking termination of proceedings for rape upon a minor. Court held that criminal cases regarding serious sexual offences against minors cannot be quashed merely on grounds of settlement between parties.
Criminal Misc. Case No. 237 of 2021 dismissed. Quashment of proceedings against petitioner not permitted.
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 MRS. JUSTICE M.R.ANITHA
FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943
CRL.MC NO. 237 OF 2021
(AGAINST THE PROCEEDINGS IN S.C. NO.804/2020 OF THE FAST TRACK SPECIAL COURT, MANJERI ARISING OUT OF CRIME NO.355/2020 OF THE KALIKAVU POLICE STATION, MALAPPURAM DISTRICT)
PETITIONERS/ACCUSED:
JAMSHEER, AGED 30 YEARS S/O. HAMSA, CHEMBAKKATTIL HOUSE, ANCHACHAVIDI, MALAPPURAM DISTRICT-676 525
BY ADV R.RANJITH (MANJERI)
RESPONDENTS/STATE, DEFACTO COMPLAINANT & INJURED:
1 THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR , HIGH COURT OF KERALA, ERNAKULAM, KOCHI 682 031, FOR THE SUB INSPECTOR OF POLICE, KALIKAVU POLICE STATION, MALAPPURAM DISTRICT.
2 XXXX
X
BY ADV E.K.ABDUL SALAM
PP SANGEETHARAJ N.R
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19.11.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Cr.M.C.No.237 of 2021
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ORDER
Dated this the 19th day of November, 2021
This Crl.M.C. has been filed seeking to quash the entire
further proceedings against the petitioner/accused in S.C. No.804/2020 on the file of Fast Track Special Court, Manjeri, which arise out of Crime No.355/2020 of Kalikavu Police Station, registered for the offence punishable under Sections 376(2)(n), 376(2)(f), 376(3), 354A(i)of Indian Penal Code, Protection of Children From the Sexual Offences Act and Section 75 of Juvenile Justice (care and protection of Children) Act..
Cr.M.C.No.237 of 2021
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in the affidavit that she had depression issues while giving the complainant.
Cr.M.C.No.237 of 2021
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law. It is relevant in this context to quote Gian Singh v. State of Punjab and Another (2012 (10) SCC 303 : 2012 KHC 4530) where in a three Judge Bench of the Hon'ble Supreme Court while dealing with Section 482 of the Code of Criminal Procedure, 1973 has held that criminal cases having civil flavour and arising from criminal financial merchantile, civil, partnership, matrimony relating to dowry or family disputes where wrong is private or personal in nature can be quashed in view of the settlement between the parties.
Sd/- M.R.ANITHA JUDGE
SMF
Cr.M.C.No.237 of 2021
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APPENDIX OF CRL.MC 237/2021
PETITIONER ANNEXURE
ANNEXURE A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 355/2020 OF THE KALIKAVU POLICE STATION.
ANNEXURE B CERTIFIED COPY OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT, DATED 26.12.2020.
//TRUE COPY//
PA TO JUDGE
2 issues framed by the court
Whether quashment of criminal proceedings under Section 482 CrPC can be allowed on settlement in cases involving sexual offence upon a minor.
Whether a settlement between parties permits quashing proceedings for rape on a minor under Sections 376, 354A IPC and PCPO Act.
Colour shows how this judgement treated each authority
Gian Singh v. State of Punjab and AnotherReferred¶37
Gian Singh v. State of Punjab and Another (2012 (10) SCC 303 : 2012 KHC 4530) · Who else cites this
1 provisions across 1 enactments
Jamsheer
The State of Kerala
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M.R. Anitha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
