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A. BADHARUDEEN
Ivin – Appellant
Versus
State Of Kerala Represented By Public Prosecutor – Respondent
ORDER :
This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, to quash Annexure A1 FIR and Annexure A2 Final Report in S.C.No.2410/2023 on the files of the Special Court under the Protection of Children from Sexual Offences Act (for short, ‘the POCSO Act’ hereinafter), Thiruvananthapuram, arose out of Crime No.862/2023 of Kadinamkulam Police Station, Thiruvananthapuram District.
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have perused the relevant records.
3. In this matter, the prosecution alleges commission of offences punishable under Section 377 of the IPC, Sections 3(a)(d) r/w Section 4(2), 5(l)(p) r/w Section 6, 7 r/w Section 8, 9(l)(p) r/w Section 10 of the Protection of Children from Sexual Offences Act (for short, ‘the POCSO Act’ hereinafter) and Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (for short, ‘the SC/ST Act’ hereinafter). The prosecution allegation is that, the accused, who was the dance teacher of the victim, belongs to Christian community (not Scheduled Caste or Scheduled Tribe) brought the minor boy, who belong
The court ruled that serious offences under the POCSO Act, particularly sexual assault against minors, cannot be quashed based on victim retraction or compromise, emphasizing public interest in prose....
The court emphasized the careful exercise of the power to quash criminal proceedings, especially in cases involving heinous and serious offences, and highlighted the wide inherent powers of the High ....
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.
High Court quashed abetment proceedings on victim-husband compromise after main rapist accused died, as conviction remote, parties harmonious, invoking Section 482 CrPC sparingly for non-compoundable....
The main legal point established in the judgment is that heinous and serious offences, such as those under Sections 498A and 304B of the Indian Penal Code, should not be quashed based on a settlement....
Offences under Section 307 IPC are serious and heinous, lacking the possibility of being quashed based on private compromise. Hence, societal interest in prosecuting such crimes prevails.
The main legal point established in the judgment is that the quashing of criminal proceedings based on compromise between the parties should be considered in light of the nature and gravity of the of....
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