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A. BADHARUDEEN
Abdul Salam, S/o. Habeeb Muhammed – Appellant
Versus
State Of Kerala – Respondent
ORDER :
The sole accused in S.C.No.755/2019 on the files of the Fast Track Special Court, Attingal, Crime No.1449/2018 of Kilimanoor Police Station, Thiruvananthapuram, has filed this petition under Section 482 of the Code of Criminal Procedure to quash Annexure A1 FIR, Annexure A2 Final Report and all further proceedings in the above case.
2. Heard the learned counsel for the petitioner, the learned counsel for the defacto complainant and the learned Public Prosecutor.
3. The prosecution case herein is that the accused, with intention to subject the minor victim, aged 17 years, to sexual assault, at about 9.45 am on 26.09.2018, while the victim was travelling in RKV private carriage, sat beside him and caught hold on his thigh and other parts of the body and grasped the victim towards him. The further allegation is that he commented that the victim's thigh was so good, with sexual intent, and attempted to remove the zip of his pants with sexual intent. This is the base on which the prosecution alleges commission of offences punishable under Sections 7 and 8 of the Protection of Children from Sexual Offences Act (hereinafter referred to as ‘the PoCSO Act).
4. While canvassing quashment
Serious offences under the POCSO Act cannot be quashed based on settlements, as they affect public interest and the dignity of victims.
Serious offences under the POCSO Act cannot be quashed based on compromise or victim's affidavit, reaffirming the need for societal protection.
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....
Serious offences under the POCSO Act cannot be compromised or settled; a prima facie case warrants a trial.
Serious offences under the POCSO Act cannot be settled; quashment based on settlement is impermissible due to public interest considerations.
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.
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 : 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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