Disposed

Arun Das v. State of Kerala

Kerala HC9 Oct 2023Crl.MC/4562/2023

Case brief

AI extract

What is this about?

Petitioner accused of serious sexual offences sought quashing of criminal proceedings citing settlement with minor victim. Court noted Supreme Court precedent against quashing grave offences via settlement upon counsel's request for expedited trial, directed lower court to conclude trial within six months and disposed of matter.

What did the court decide?

Direction to Fast Track Special Court, Parappanangadi to expedite trial and conclude proceedings within six months.

Arun Das Vs State of Kerala — Quashing and FIR | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE GOPINATH P.

¶4

MONDAY, THE 9TH DAY OF OCTOBER 2023 / 17TH ASWINA, 1945

¶5

CRL.MC NO. 4562 OF 2023

¶6

TO QUASH THE PROCEEDINGS IN S.C.N.1492/2022 ON THE FILES OF THE
FAST TRACK SPECIAL COURT, PARAPPANANGADI ARISING OUT OF CRIME

¶7

NO.698 OF 2022 OF TENJIPALAM POLICE STATION

¶8

PETITIONER/ACCUSED:

¶9

ARUN DAS,
AGED 25 YEARS,
S/O CHANDRA DAS, KOTHAKARITHARA HOUSE, THALAYAZHAM P.O,
VAIKOM, KOTTAYAM, PIN – 686 607.
BY ADVS.
SAYED MANSOOR BAFAKHY THANGAL
SHIBU JOSEPH

¶10

RESPONDENTS:

¶11

1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682 031.

¶12

2 INSPECTOR OF POLICE, TENJIPALAM PALAM POLICE STATION, TENJIPALAM P.O MALAPURAM – 673 636.

¶13

3 XXXXXXXXXXXXXXX XXXXXXXXXXXXXXX

¶14

4 XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX

¶15

SRI VIPIN NARAYAN (SR PP)
SRI.PRAMOD KOCHUTHOMMEN E

¶16

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
09.10.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶17

¶18

CRL.MC NO. 4562 OF 2023

¶19

ORDER

¶20

The petitioner is the accused in Crime No.698 of 2022 of Tenjipalam Police Station, Malappuram District, alleging commission of offences under Sections 363, 376(2)(f), 376(2)(n), 376(3) and 354(A)(1)(i) of the Indian Penal Code and Section 6(1) r/w Section 5(l), 5(n) and 12 read with Section 11(iv) of the POCSO Act and Section 75 of the Juvenile Justice(Care and Protection of Children) Act. The matter is now now pending as S.C.No.1492 of 2022 on the file of the Fast Track Special Court, Parappanangadi. This petition has been filed under Section 482 of the Cr.P.C on the ground that all disputes between the petitioner and the minor victim have been settled and the minor victim does not wish to prosecute the case against the petitioner in any manner. The affidavit of the minor victim and her mother, which are placed on record as Annexures 2 and 3 are pointed out to show that no purpose would be served by continuing with the prosecution.

¶21

It is settled from the decision of the Supreme Court in Gian Singh v. State of Punjab and Another; (2012) 10 SCC 303 that

¶22

grave offences of the nature involved in this case cannot be quashed on the ground of settlement. Faced with this situation, the

¶23

¶24

CRL.MC NO. 4562 OF 2023

¶25

learned counsel appearing for the petitioner would submit that the petitioner will be satisfied if a direction is issued to the Fast Track Special Court, Parappanangadi to expedite the proceedings in S.C.No.1492 of 2022.

¶26

3. Heard the learned Public Prosecutor also.

¶27

Having regard to the facts and circumstances of the case, I am of the view that this is not a case where this Court can exercise its jurisdiction under Section 482 of the Cr.P.C to quash the proceedings against the petitioner on the ground of settlement. However, considering the request of the petitioner, this Crl.M.C will stand disposed of directing the Fast Track Special Court, Parappanangadi, where S.C.No.1492 of 2022 is pending, to expedite the trial of that case and conclude the proceedings, within a period of six months from the date of receipt of a certified copy of this order.

¶28

Sd/GOPINATH P. JUDGE

¶29

Arun Das v. State of Kerala

Case brief

What is this about?

What did the court decide?

Arun Das v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Krishnakumar N. Nair Vs State of Kerala

Nusarath Vs State of Kerala

Saneesh M.S @ Sanu, Vs State of Kerala

Zeenath Vs State of Kerala

Sudhi.S.N Vs State of Kerala

Jesumani Selvaraj Jaskar, Vs State of Kerala