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GOPINATH P.
Kahar – Appellant
Versus
State of Kerala, Represented by Public Prosecutor – Respondent
ORDER
Petitioners are accused Nos.1 to 3 in Crime No.672/2021 of Chavara Thekkumbhagam Police Station, Kollam District, which is now pending as S.C. No.1359/2022 on the file of the Fast Track Special Court, Karunagappally. The 1 st accused alleged to have committed the offences under Sections 363 and 376 (2)(n) of the Indian Penal Code and under Section 4 r/w. Sections 3(a), 6 r/w. Section 5(j)(ii),(l), 21 r/w.19(1) of the Protection of Children from Sexual Offences Act.
2. Allegation which led to registration of Crime No.672/2021 of Chavara Thekkum-bhagam police station is that, on 02.01.2021, at about 08.00 A.M, the 1 st petitioner/1st accused kidnapped the victim and committed rape on her, as a result of which she became pregnant. The 2 nd and 3rd petitioners/who are parents of the victim have been arrayed as the accused on the ground that they did not inform the matter to the authorities. Therefore, they allegedly committed the offences under the provisions of Section 21 r/w. 19 of the POCSO Act.
3. Learned counsel appearing for the petitioners would submit that the 1st petitioner and the alleged victim were in a relationship. It is submitted that, immediately after the victim
Ends of justice are higher than ends of mere law though justice has got to be administered in accordance with laws enacted by Legislature.
Point of law: Section 320 of Cr. P.C does not limit or control exercise of powers vested in Court under section 482 of Cr.P.C
Point of law: Section 320 of Cr. P.C does not limit or control exercise of powers vested in Court under section 482 of Cr.P.C.
The court can quash POCSO proceedings if the circumstances indicate that continuing them would cause undue hardship, especially when the victim and accused have married.
The court established that while serious offences typically cannot be settled privately, the unique circumstances of marriage and children can justify quashing proceedings to protect family integrity....
The court can quash proceedings under the POCSO Act based on genuine settlements, especially when the accused and victim are married, to prevent injustice and promote family harmony.
Point of Law : Rape - Amicable settlement - Quash of FIR - Inherit powers of High Court - Power is not be exercised in those prosecutions which involve heinous and serious offences of mental depravit....
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