A. BADHARUDEEN
Shebeer A – Appellant
Versus
State Of Kerala, Rep. By Public Prosecutor – Respondent
ORDER :
This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash Annexure.A2 Final Report in Crime No.71 of 2021 of Kuttampuzha Police Station, now pending as C.P. No.3 of 2022 of Judicial First Class Magistrate Court-II, Kothamangalam.
2. Heard the learned counsel for the petitioner, the learned Public Prosecutor and the learned counsel appearing for the defacto complainant, in detail. Perused the relevant materials available.
3. In this matter, the prosecution case is that the defacto complainant, who is a married lady having a child made acquaintance with the accused, who is the friend of her husband and they used to chat through online. In continuation of the same, on 10.00 am on 31.12.2020, the accused came to the house of the defacto complainant and committed rape on her by threatening that her naked photographs which were in possession of the accused would be sent to her husband and relatives. It is on this premise, the prosecution alleges commission of offences punishable under Sections 450, 376(1) and 506(i) of IPC.
4. The learned counsel for the petitioner submitted that, now the matter has been settled and the defact
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Serious offences like rape cannot be settled between the offender and the victim, as it has a serious impact on society. However, in exceptional cases where the prosecution materials do not disclose ....
Serious offences like rape cannot be compromised or settled, as they have a significant impact on society and public interest in punishing offenders.
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....
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....
Point of law: Offence under Section 376 of IPC being a sexual offence would fall in category of heinous and serious offences and are to be treated against society and not against an individual one an....
The court may quash proceedings for serious offences if a voluntary compromise exists and the likelihood of conviction is remote, promoting harmony between parties.
The court has the power to quash proceedings even in cases involving heinous and serious offences, considering factors such as the stage of the proceedings, the possibility of conviction, and the imp....
Proceedings can be quashed under Section 482 Cr.P.C. in cases of serious offences when a settlement is reached, provided the likelihood of conviction is minimal and supports the harmonious relationsh....
The court established that serious allegations, particularly those involving heinous crimes, cannot be dismissed based solely on a compromise or affidavit from the victim.
The main legal point established in the judgment is that heinous and serious offences like rape, which have a serious impact on society, cannot be quashed based on a settlement between the parties.
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