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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. JUSTICE A. BADHARUDEEN, J
Narayanan P.V. S/o. Koroth Raman Nair – Appellant
Versus
State Of Kerala – Respondent
ORDER :
(A. BADHARUDEEN, J.) :
This Criminal Miscellaneous Case has been filed under Section482 of the Code of Criminal Procedure , to quash Annexure 1 FIR, Annexure VII Final Report and all further proceedings thereof in S.C.No.1147/2016 on the files of the Special Court under the Protection of Children from Sexual Offences Act (for short, ‘POCSO Act’ hereinafter), Kozhikode, arose out of Crime No.661/2016 of Nallalam Police Station, Kozhikode. Respondents are State of Kerala and the defacto complainant.
2. Heard the learned counsel for the petitioner, the learned Public Prosecutor and the learned counsel appearing for the defacto complainant. Perused the relevant records.
3. Here the prosecution alleges commission of offences punishable under Section 7 r/w Section 8 of the POCSO Act by the accused. The specific allegation is that, when the victim met the doctor at 7.30 p.m on 12.07.2016 for treatment, on the pretext of clinical examination with sexual intent, the accused put his hand inside the churidar of the minor victim and pressed on her both breasts and after lifting the top of the churidar and lowering the panties, he pressed on the vagina of the victim and thereby the accused
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....
Serious offences under the POCSO Act cannot be quashed based on settlements, as they affect public interest and the dignity of victims.
Point of law: Section 320 of Cr. P.C does not limit or control exercise of powers vested in Court under section 482 of Cr.P.C
Point of law: Section 320 of Cr. P.C does not limit or control exercise of powers vested in Court under section 482 of Cr.P.C.
High Court quashed abetment proceedings on victim-husband compromise after main rapist accused died, as conviction remote, parties harmonious, invoking Section 482 CrPC sparingly for non-compoundable....
Point of Law : POCSO Act – Compromise – Quash of criminal proceedings.
High Court quashed FIR under Section 69 BNS on compromise as offence (sexual intercourse by deceitful promise of marriage, not rape) not heinous; voluntary victim settlement secures justice, prevents....
Section 482 preserves inherent powers of High Court to prevent an abuse of process of any court or to secure ends of justice.
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