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A. BADHARUDEEN
Akhil Mohanan, S/o. Mohanan – Appellant
Versus
State Of Kerala, Represented By Public Prosecutor, High Court Of Kerala – Respondent
ORDER :
(A. Badharudeen, J.)
This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure seeking the relief to quash Annexure-1 FIR, final report thereof and further proceedings in S.C.No.3/712023 on the files of Fast Track Special Court, Perumbavoor, against the petitioner.
2. Heard the learned counsel for the petitioner, the learned counsel for the defacto complainant and the learned Public Prosecutor in detail. Perused the relevant records.
3. Here the prosecution alleges commission of offences punishable under Sections 450, 376(2)(n), 354, 354A(1)(i), 354D(1)(i), 354D(1)(ii) of the Indian Penal Code (`IPC’ for short), Section 4 r/w 3, 6(1) r/w 5(l), 8 r/w 7, 10 r/w 9(l), 12 r/w 11(iv), 15 of Protection of Children from Sexual Offences Act (`POCSO Act’ for short) and Section 66E of Information Technology Act (`IT Act’ for short).
4. The prosecution case is that the victim, who was aged 17 years, while studying for B.Sc Chemistry, the accused made acquaintance with her through, one of her friends during her schools days. Thereafter the accused used to accompany her while she was going to school and used to talk to her. Further the accused pro
Serious offences under the POCSO Act cannot be quashed based on compromise or victim's affidavit, reaffirming the need for societal protection.
Serious offences under the POCSO Act cannot be quashed based on settlements, as they affect public interest and the dignity of victims.
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....
Serious offences under the PoCSO Act cannot be quashed based on victim's retraction, as they affect public interest and societal morals.
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.
The court emphasized the need for legislative amendments to address cases involving adolescents in relationships and the implications of the POCSO Act on such situations.
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....
The court emphasized the need for legislative amendments to address cases involving adolescents in relationships and the implications of the POCSO Act on such situations.
Ends of justice are higher than ends of mere law though justice has got to be administered in accordance with laws enacted by Legislature.
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