A. BADHARUDEEN
SIDHARTH DRAVID S/O SHIBU – Appellant
Versus
STATE OF KERALA – Respondent
ORDER :
1. This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashment of the proceedings in S.C. No. 637/2023 on the files of the Fast Track Special Court for the trial of offences under the Protection of Children from Sexual Offences Act [hereinafter referred as ‘POCSO Act’ for short] cases, Nedumangad. The petitioner herein is the sole accused in the above case.
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 alleges commission of offences punishable under Sections 354-D and 363 of IPC as well as under Section 11(iv) read with 12 of the POCSO Act.
4. While seeking quashment of the proceedings, the learned counsel for the petitioner would submit that, going by the statements of the victim viz. FIS and 161 statement, none of the above said offences made out, prima facie. Therefore, quashment of the proceedings sought for, on merits would succeed. He also would submit that, apart from meritorious interference in this matter by way of quashment
The absence of sexual intent in the victim's statements negated the applicability of the alleged offences under the IPC and POCSO Act.
The court clarified the applicability of specific sections of IPC and POCSO Act based on the evidence of the case, distinguishing between the roles of the accused.
(1) Sexual harassment of child – Settlement of POCSO offences, acting on affidavit filed by victim or their parents, is not legally permissible.(2) Mere sending of messages or having chats with a chi....
The court ruled that mere transportation of a minor without sexual intent does not constitute offences under IPC or PoCSO Act, allowing the quashment of proceedings.
The court established that for offences under the PoCSO Act, evidence of sexual intent in communications is essential to constitute a prima facie case.
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 allegations of sexual harassment under the POCSO Act must be evaluated on evidence, even amidst claims of family rivalry, necessitating a trial.
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 when the dispute is settled between parties and the allegations are deemed less serious.
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