IMPORTANT POINT
Serious offences under the POCSO Act cannot be quashed based on settlements, as they affect public interest and the dignity of victims.

ORDER :

A. Badharudeen, J.

This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash all further proceedings in Annexure-V Final Report, now pending as S.C. No.605/2020 on the files of the Special Court for trial of cases under the Protection of Children from Sexual Offences Act [hereinafter referred as ‘POCSO Act’ for short], Palakkad. The petitioner herein is the sole accused in the above case.

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor, in detail. Perused the case diary and the relevant materials available.

3. In a nut shell, the prosecution allegation is that, while the victim, a minor girl, was studying in the 4th standard at Govt. Higher Secondary School, Thiruvazhiyadu, she felt head ache and informed the same to one Suchitra teacher. The teacher advised her to take rest inside the class room and she found abode inside the class room. The petitioner/accused is also a teacher of the school. Later, she was brought to the class room of the petitioner/accused and the accused insisted her to sit at his class room. During interval, all students went out of the class room and the victim laid on the bench, because of headache. Soon, the petitioner/accused touched on her forehead, put his hands inside her shirt and pressed on her breast. Then, he pressed on her buttocks, thigh and vagina with sexual intent. He also kissed on the forehead of the victim. Then, he instructed the victim that this occurrence should not be disclosed to anybody. When the victim apprehended similar overt acts at the instance of the accused, she had informed the same to her friends Anusree, Nandana and Keerthana. Later, they informed the said occurrence to the father of the victim and accordingly police complaint was lodged, after discussing the matter with her mother also. On this premise, the prosecution alleges commission of offences punishable under Section 354A(i)(i) of IPC and Sections 8 read with 7, 10 read with 9(f)(m) of the Protection of Children from Sexual Offences Act.

4. While seeking quashment of this proceedings, the learned counsel for the petitioner argued that, the allegations of the prosecution are false and the bonafide intention of the accused, who is a teacher of the school, to apply vicks on the neck of the victim, so as to give her relief from the headache, was given the colour of non bailable sexual offences, to implicate him in this crime. It is argued further that, now the parents of the victim filed affidavits stating that they have no grievance in the matter of quashing the proceedings. Therefore, the prayer for quashment is liable to be allowed. It is further argued that, even otherwise, in the subsequent statements given by the victim, as well as in the subsequent 164 statement of the victim, the victim not stated the alleged overt acts as stated in the FIS and in the previous 164 statement. It is specifically pointed out that, the parents of the victim also given a letter to the Superintendent of Police as Annexure.A2, stating that the entire case emanated under misconception of facts and the proceedings thereof was liable to be dropped.

5. Opposing the quashment sought for, on the ground of settlement and subsequent statements given by the victim, the learned Public Prosecutor would submit that, going by the initial statement given by the victim and the initial 164 statement given by her, the allegation of the prosecution is well made out, prima facie and the subsequent statement, if any, not disclosing the alleged overt acts at the instance of the victim, by itself is not a ground for quashing the entire proceedings.

6. Adverting to the power of this Court to quash criminal proceedings restoring to Section 482 of the Cr.P.C. is concerned, indubitably, in respect of serious offences like murder, rape, dacoity, etc., or other offences of mental depravity under IPC or offences of moral turpitude under special statutes, like the Preven