Allowed

Ananthan v. State of Kerala

Kerala HC22 Feb 2024Crl.MC/2028/2022

Case brief

AI extract

What is this about?

Sole accused in a POCSO case sought quashing of the FIR and trial proceedings on settlement. The now-major victim affirmed the settlement and had no objection to quashing. Invoking Gian Singh and Laxmi Narayan, the court allowed the petition and quashed the FIR and pending sessions proceedings.

What did the court decide?

Annexure A1 FIR in Crime No.2304/2016 and proceedings in S.C.No.922/2017 before Fast Track Special Court (POCSO), Irinjalakuda, quashed.

Ananthan Vs State of Kerala — Child Sexual Offences (POCSO) | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS

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 THURSDAY, THE 22 ND DAY OF FEBRUARY 2024 / 3RD PHALGUNA, 1945

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CRL.MC NO. 2028 OF 2022
CRIME NO.2304/2016 OF Mathilakom Police Station, Thrissur
PETITIONER/SOLE ACCUSED:

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ANANTHAN AGED 55 YEARS S/O PADMANABHAN, AGED 55 ,
THAYATTUPARAMBIL HOUSE, KARA, EDAVILANGU, KODUNGALLUR
THALUK. THRISSUR. 680668, PIN - 680668

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BY ADV MANSOOR ALI

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 682031, PIN - 682031

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2 2. THE STATION HOUSE OFFICER, MATHILAKAM POLICE STATION REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 682031, PIN - 682031

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3 XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX

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BY ADV DEAGO JOHN K

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SR.PP-SRI.RENJIT GEORGE

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 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
 22.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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 CRL.MC NO.2028 OF 2022

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ORDER

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Dated this the 22^nd day of February , 2024

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This Crl.M.C., under Section 482 of Cr.P.C., is filed by the sole accused in crime No.2304 of 2016 of Mathilakam Police Station, Thrissur, registered under Section 8 r/w Section 7 of Protection of Children from Sexual Offences Act, 2012, for quashing the FIR and the proceedings pending in S.C.No.922 of 2017 on the file of

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Fast Track Special Court (POCSO), Irinjalakuda.

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The prosecution allegation is that on 17.10.2016, at 9.00 a.m., the accused, with sexual intention, hugged and kissed the victim girl, aged 12 years at her residence.

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When the case is taken up for consideration, learned counsel for the petitioner submitted that the matter stands settled and he produced Annexure A3 affidavit of the 3rd respondent-victim girl who is now major, endorsing the factum of settlement, and stating that

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 CRL.MC NO.2028 OF 2022

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she has no intention to proceed with the prosecution nor any objection in quashing the proceedings against the petitioner in crime No.2304 of 2016.

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On instructions, learned Public Prosecutor submitted that the matter is settled and he produced signed statement of the 3rd respondent. In that statement also, she has stated that she is not intending to proceed with the prosecution, nor she has any objection in quashing the proceedings against the petitioner in crime No.2304 of 2016.

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Since the matter stands settled, no purpose would be served by continuing the prosecution as against the petitioners.

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In the light of the principles laid down by the Apex Court in Gian Singh v. State of Punjab and Another; [(2012) 10 SCC 303)] , and State of Madhya Pradesh v. Laxmi Narayan and Others; [(2019) 5 SCC

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 CRL.MC NO.2028 OF 2022

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688], this Court is of the view that the proceedings against

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the petitioner can be quashed on the basis of settlement.

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In the result, this Crl.MC is allowed, and Annexure A1 FIR in crime No.2304 of 2016 of Mathilakam Police Station, Thrissur, and the proceedings pending in S.C.No.922 of 2017 on the file of Fast Track Special Court (POCSO), Irinjalakuda, stand quashed.

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Sd/-

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SOPHY THOMAS JUDGE

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SSK/22/02

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 CRL.MC NO.2028 OF 2022

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APPENDIX OF CRL.MC 2028/2022
PETITIONER ANNEXURES

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 Annexure A1 THE TRUE COPY OF THE F.I.R FIS IN CRIME NO.
 2304/ 2016 OF MATHILAKAM POLICE STATION
 Annexure A2 TRUE COPY OF FINAL REPORT IN S.C.922/2017
 BEFORE THE HON’BLE FAST TRACK SPECIAL
 COURT(POCSO), IRINJALAKUDA.
ANNEXURE A3 NOTARISED AFFIDAVIT FILED BY THE 3RD
 RESPONDENT DATED 12-12-2023

Ananthan v. State of Kerala

Case brief

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Ananthan v. State of Kerala

Case brief

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What did the court decide?

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