Kerala HC quasheds Juvenile Justice Board proceedings against a minor petitioner for alleged incest/molestation after both parties settled and parents consented to end prosecution.
All further proceedings in C.C. No.155/2022 before the Juvenile Justice Board, Ernakulam 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 GOPINATH P.
WEDNESDAY, THE 20TH DAY OF SEPTEMBER 2023 / 29TH BHADRA, 1945
CRL.MC NO. 818 OF 2023
AGAINST THE ORDER/JUDGMENT CC 155/2022 OF JUVENILE JUSTICE BOARD,
ERNAKULAM
PETITIONER/S:
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BY ADVS. VIJAY SANKAR V.H. AMRUTHA P S
RESPONDENT/S:
1 STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
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BY ADV PUBLIC PROSECUTOR
OTHER PRESENT:
SRI. NOUSHAD K A (SR PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20.09.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl. M.C. No.818/2023
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O R D E R
The petitioner is a child in conflict with law. He faces allegation of having committed the offence under Section 354 A (I) (i) of the Indian Penal Code Sections 7 and 8 of the Protection of Children from Sexual Offences Act, 2012. The matter is now pending as C.C No.155/2022 of the Juvenile Justice Board, Ernakulam.
Crl. M.C. No.818/2023
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view that the proceedings against the petitioner in Crime in C.C No.155/2022 of the Juvenile Justice Board, Ernakulam can be quashed. I also take note of the fact that that petitioner himself was a minor at the time of commission of offence. I am therefore of the view that interest of justice requires this court to exercise its jurisdiction under Section 482 Cr.P.C to quash the proceedings against the petitioner. Accordingly, all further proceedings in C.C. No.155/2022 before the Juvenile Justice Board, Ernakulam will stand quashed. No public interest will be served by continuing with the prosecution.
Sd/- GOPINATH P. JUDGE
AMG
1 issue framed by the court
Whether criminal proceedings against a child in conflict with law for alleged molestation under POCSO and IPC 354A can be quashed due to settlement.
3 provisions across 3 enactments
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STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM
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GOPINATH P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
GOPINATH P.
Parties & counsel
