The High Court of Kerala disposed of a criminal miscellaneous petition filed to quash POCSO proceedings on grounds of settlement. The court directed the lower Special Court to dispose of the case expeditiously within six months.
Directed the Special Court to dispose of S.C.No.399/2020 expeditiously within six months noting the settlement.
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.
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CRL.MC NO. 216 OF 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 16TH DAY OF DECEMBER 2022 / 25TH AGRAHAYANA, 1944
CRL.MC NO. 216 OF 2022
CRIME NO.1185/2020 OF Munnar Police Station, Idukki
SC 399/2020 OF SPECIAL COURT UNDER POCSO ACT, IDUKKI
PETITIONERS:
1. XXXXX
2. XXXX
BY ADV NIREESH MATHEW
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031.2 XXXXX XR1 BY SRI.C.N.PRABHAKARAN-PUBLIC PROSECUTOR
R2 BY ADV DEVAN N.R
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 16.12.2022, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
CRL.MC NO. 216 OF 2022
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O R D E R
This Crl.M.C has been filed to quash all further proceedings in S.C.No.399/2020 on the file of the 1st Additional Sessions Court, (Special Court for POCSO Act Cases), Idukki (for short ‘the court
below’) on the ground of settlement between the parties.
2. The learned counsel for the petitioners submitted that
in view of the settlement, a direction may be given to the court
below to dispose of the case as expeditiously as possible.
Hence, this Crl.M.C is disposed of with a direction to the 1st Additional Sessions Court, (Special Court for POCSO Act Cases), Idukki to dispose of S.C.No.399/2020, taking note of the fact that the matter has been settled between the parties, as expeditiously as possible, at any rate, within a period of six months from the date of receipt of a copy of this order.
Sd/-
DR. KAUSER EDAPPAGATH JUDGE
ab
CRL.MC NO. 216 OF 2022
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APPENDIX OF CRL.MC 216/2022
PETITIONER ANNE |
XURES |
|---|---|
Annexure A |
CERTIFIED COPY OF THE FINAL REPORT INCRIME NO. 1185/2010 OF MUNNAR POLICESTATION, |
Annexure B |
TRUE PHOTOCOPY OF THE ORDER DATED11.06.2020 IN B.A NO. 3408/2020 PASSED BYTHIS HON'BLE COURT. |
Annexure C |
TRUE PHOTOCOPY OF THE ORDER DATED23.06.2020 IN B.A.NO.3453/2020 PASSED BYTHIS HON'BLE COURT. |
Annexure D |
PHOTOCOPY OF THE PETITION DATED04.09.2018 FILED BEFORE THE C.I. OFPOLICE ADIMALY BY THE 2ND PETITIONER. |
Annexure E |
PHOTOCOPY OF THE FIR IN CRIME NO.264/2018 REGISTERED AT RAJAKKAD POLICESTATION. |
Annexure F |
PHOTOCOPY OF THE ACCIDENT REGISTER-CUM-WOUND CERTIFICATE OF MRS. RAJAMMA VIJAYANDATED 27.08.2018. |
Annexure G |
PHOTOCOPY OF THE ACCIDENT REGISTER-CUM-WOUND CERTIFICATE OF THE 2ND PETITIONERDATED 27.08.2018. |
Annexure H |
THE ORIGINAL OF THE AFFIDAVIT SWORN TO BYTHE RESPONDENT NO. 2 BEFORE HER ADVOCATEAT THODUPUZHA, DATED 11.12.2020. |
RESPONDENTS ANNEXURES: NIL
2 issues framed by the court
Whether the special court should dispose of the POCSO case expeditiously given the settlement between the parties.
Whether a criminal miscellaneous petition filed to quash proceedings should be allowed based on settlement.
XXXXX
XXXX
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR
XXXXX X
DR KAUSER EDAPPAGATH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court