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A. BADHARUDEEN
Xxx Xxx – Appellant
Versus
State Of Kerala, Represented By The Public Prosecutor, High Court Of Kerala – 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 defacto complainant in Crime No.1013/2018 of Kallambalam Police Station, Thiruvananthapuram, seeking the following reliefs :
(ii) stay the further proceedings in S.C.No.1235/2018 pending the disposal of this Criminal Miscellaneous Case.
(iii) Pass such other and further orders as this Hon’ble Court may deem fit and proper in the interest of justice.”
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor on admission. Perused the records.
3. Here the prosecution alleges commission of offences punishable under Section 341 and 354A as well as Sections 7, 8, 11(1), 12 and 18 of the Protection of Children from Sexual Offence Act, 2012 ('POCSO Act’ for short), by the accused. The prosecution allegation is that the accused with intention to subject the minor girl to sexual intercourse, an year before, while she was learning bicycle peddling through the public r
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 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.
The court can quash non-compoundable offences if there is a settlement between the parties, and the complainant does not support the prosecution, indicating that continuing proceedings serve no meani....
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 compromised or settled; a prima facie case warrants 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 based on genuine settlements, especially when the accused and victim are married, to prevent injustice and promote family harmony.
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....
A settlement between victim and accused can lead to quashing of proceedings under POCSO Act when offences are deemed minor.
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