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A. BADHARUDEEN
... – Appellant
Versus
State Of Kerala Represented By The S. I. Police – Respondent
ORDER :
A. Badharudeen, J.
This petition under Section 482 of the Code of Criminal Procedure, to quash Annexure-I final report and all further proceedings in SC No.615/2015 on the files of the Special Court for the trial of cases relating to Atrocities & Sexual Violence against Women and Children), Thrissur, has been filed by the defacto complainant and the victim together.
2. Heard the learned counsel for the petitioners and the learned Public Prosecutor at length. Perused the records placed by learned counsel for the petitioners as well as the case diary as such produced by the learned Public Prosecutor.
3. On tracing the genesis of the case, this case was registered by Thrissur East Police, as per Annexure-III FIR, based on Annexure-II complaint lodged by the mother of the victim, who is the 1st petitioner herein. In Annexure-II complaint, the defacto complainant raised allegation that the accused herein, who taught dance to the victim (CW2), the 2nd petitioner herein, offered chance for the victim to act in films and reality shows and thereafter subjected the victim to sexual intercourse on the said premise. The further allegation is that the accused was a married person and in the
Serious offences like rape cannot be quashed based on victim's retraction or compromise, as they impact public interest and societal norms.
The court established that a lack of prima facie evidence in the FIR and subsequent statements can justify quashing of criminal proceedings under Sec. 482 of the Code of Criminal Procedure.
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 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 established that a promise of marriage coupled with sexual intercourse can constitute grounds for prosecution under sexual offence laws, necessitating a trial.
Allegations of sexual offences raised after significant delay post-marriage were found unsustainable, indicating potential misuse of the PoCSO Act.
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