Sole accused sought quashing of the final report under Sections 294(b), 354 IPC and Sections 11/12/18 POCSO Act after amicable settlement with the victims. The Court, relying on Supreme Court precedent, quashed the final report and all proceedings.
Annexure A1 final report in S.C.No.454 of 2021 and proceedings pursuant thereto 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 MRS. JUSTICE SOPHY THOMAS
TUESDAY, THE 5TH DAY OF MARCH 2024 / 15TH PHALGUNA, 1945
CRL.MC NO. 1689 OF 2022
CRIME NO.314/2021 OF Pulikeezhu Police Station, Pathanamthitta
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.454 OF 2021 OF
ADDL.DISTRICT COURT& SESSIONS COURT-I,PATHANAMTHITTA
PETITIONER/S:
XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX
BY ADVS.
MANU RAMACHANDRAN
M.KIRANLAL
R.RAJESH (VARKALA)
T.S.SARATH
SAMEER M NAIR
GEETHU KRISHNAN
HARSHA SUSAN SAM
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 6820312 THE STATION HOUSE OFFICER POLICE STATION OF PULIKEEZHU PATHANAMTHITTA DISTRICT, PIN - 6897113 XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX4 XXXXXXXXXX XXXXXXXXXX XXXXXXXXXXBY ADVS. PUBLIC PROSECUTOR ANSU VARGHESE-2-
Crl.M.C.No. 1689 of 2022
OTHER PRESENT:
SR.PP-SRI.RENJIT GEORGE
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 05.03.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
-3-
Crl.M.C.No. 1689 of 2022
SOPHY THOMAS, J.
Crl.M.C.No. 1689 of 2022 =============================================================
Dated this the 5th day of March, 2024
ORDER
This Crl.M.C. under Section 482 of CrPC is filed by the sole accused in Crime.No.314 of 2021 of Pulikeezhu Police Station, Pathanamthitta, for quashing Annexure A1final report in S.C.No.454
of 2021 on the file of Additional District & Sessions Court-I, Pathanamthitta registered under Section 294(b) and 354 of IPC and Section 12 read with 11, 18 of POCSO Act.
-4-
Crl.M.C.No. 1689 of 2022
in which it is stated that, the respondent has no objection in quashing Annexures A1 final report, and the proceedings pursuant thereto. Since the matter stands settled, this Court is of the view that, there is no purpose in proceeding with the criminal prosecution initiated against the petitioner.
In the result, this Criminal Miscellaneous Case is allowed, and Annexure A1 final report in S.C.No.454 of 2021 on the file of Additional District & Sessions Court-I, Pathanamthitta stands quashed.
sd/-
SOPHY THOMAS, JUDGE
das
-5-
Crl.M.C.No. 1689 of 2022
APPENDIX OF CRL.MC 1689/2022
PETITIONER ANNEXURES
Annexure A1TRUE COPY OF THE FINAL REPORT IN CRIME
NO.314/2021 OF POLICE STATION OF
PULIKEEZHU, PATHANAMTHITTA DISTRICT
WHICH IS NOW PENDING AS SC NO.454/2021
ON THE FILES OF 1ST ADDL.SESSIONS
COURT, PATHANAMTHITTA
Annexure A2THE ORIGINAL OF THE AFFIDAVIT DATED
26.2.2022SWORNBYTHE3RD
RESPONDENT/DEFACTO COMPLAINANT THROUGH
THEIR MOTHER (CW2)
Annexure A3THE ORIGINAL OF THE AFFIDAVIT DATED
26.02.2022 SWEARING ON BEHALF OF THE
4TH RESPONDENT/VICTIM THROUGH THEIR
MOTHER (CW2).
1 issue framed by the court
Can the final report in a POCSO case be quashed on the basis of an amicable settlement between the accused and the victims?
Colour shows how this judgement treated each authority
Gian Singh v. State of Punjab and AnotherApplied¶35
[(2012) 10 SCC 303] · Who else cites this
State of Madhya Pradesh v. Laxmi Narayanan and othersApplied¶35
[(2019) 5 SCC 688] · Who else cites this
3 provisions across 3 enactments
XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX
State of Kerala represented by Public Prosecutor, High Court of Kerala
The Station House Officer, Police Station of Pulikeezhu, Pathanamthitta District
XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX
XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX
Sophy Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court