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X – Appellant
Versus
State Of Kerala, Represented By Public Prosecutor – Respondent
ORDER :
A. BADHARUDEEN, J.
This Criminal Miscellaneous Case has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (`BNSS’ for short), by the victim in C.C.No.310 of 2016 on the files of Fast Track Special Court, Irinjalakuda, to quash the proceedings.
2. Heard the learned counsel for the petitioner/victim and the learned Public Prosecutor in detail. Perused the relevant documents.
3. In Annexure-A2, the specific allegation of the prosecution is that the victim, while studying in the 6th standard and residing along with her father, mother and grandmother at the family house, the accused, who is none other than the father of the victim, subjected the victim to sexual assault at 23.45 hours on 20.02.2016. That apart, during a day in April, 2013, the accused hugged and kissed the victim and also lifted her skirt and panties and put his finger into her vagina. The specific allegation is that starting from April, 2013 till 21.02.2016, the accused subjected the victim to aggravated penetrative sexual assaults. This is the base on which the prosecution alleges commission of offences punishable under Sections 4 r/w 3, 6 r/w 5(n)(l), 8 r/w 7 of Protection of Children from
Quashing proceedings under POCSO Act is impermissible after evidence is recorded, especially in serious cases of sexual assault.
Serious offences under the POCSO Act cannot be settled; quashment based on settlement is impermissible due to public interest considerations.
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 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.
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 victim's retraction, as they affect public interest and societal morals.
Serious offences like rape cannot be quashed based on victim's retraction or compromise, as they impact public interest and societal norms.
A criminal proceeding may be quashed if a genuine marital relationship exists between the accused and victim, promoting family integrity and preventing injustice.
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