In the interest of justice, courts have the discretion to quash criminal proceedings, even in serious cases, if the parties have reached an amicable settlement and there is no likelihood of the offense being repeated.

ORDER

This Crl.M.C. under Section 482 of CrPC is filed by the sole accused in Crime No.15/2018 of Ayiroor Police Station, Thiruvananthapuram, registered under Section 354A (1)(i) of IPC , Section 7 r/w 8 of POCSO Act and Section 3(1)(w)(i) of SC/ST (PoA) Amendment Act, pending as SC No.438/2020 on the file of Special Court (Protection of Children from Sexual Offences Act) Attingal, for quashing Annexure 1 final report.

2. The prosecution allegation is that, on 04.01.2018 at

12 PM, the petitioner – who belongs to Ezhava Community, induced the 2nd respondent/victim – who belongs to a Scheduled Caste, to come out of her house, and when she came out, the petitioner after holding her, started kissing and touching her private parts. Though she tried to escape, he forcefully outraged her modesty.

3. When the matter is taken up for consideration, learned counsel for the petitioner would submit that, the matter has been amicably settled and he produced Annexures 2 to 4, afÏdavits filed by the victim and her parents, stating that the entire dispute has been settled, and they are not intending to prosecute this matter any further.

4. Learned Public Prosecutor obtained instructions regarding the settlement, and produced signed statement of the de-facto complainant, in which she has stated that, she has no objection in quashing Annexure 1 final report and the proceedings pursuant thereto. Since the matter stands settled, this Court is of the view that, there is no purpose in proceeding with the criminal prosecution initiated against the petitioner.

5. In the light of the principles laid down by the Hon’ble Supreme Court in Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303] and State of Madhya Pradesh v. Laxmi Narayanan and others [(2019) 5 SCC 688], this Court is of the view that the proceedings can be quashed on the basis of settlement.

In the result, this Criminal Miscellaneous Case is allowed, and Annexure 1 final report in SC No.438/2020 on the file of Special Court (Protection of Children from Sexual Offences Act)

Attingal, stands quashed.

Sd/-

SOPHY THOMAS JUDGE ACR APPENDIX OF CRL.MC 271 5 /20 2 2 PETITIONER ANNEXURES Annexure 1 TRUE COPY OF THE FINAL REPORT IN SC NO.438/2020 OF THE SPECIAL COURT (PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT), ATTINGAL ARISING FROM CRIME NO.15/2018 OF AYIROOR POLICE STATION.

Annexure 2 TRUE COPY OF THE AFFIDAVIT FILED BY THE 2ND RESPONDENT.

Annexure 3 TRUE COPY OF THE AFFIDAVIT FILED BY THE 3RD RESPONDENT.

Annexure 4 TRUE COPY OF THE AFFIDAVIT FILED BY THE 4TH RESPONDENT.

Annexure 5 TRUE COPY OF ORDER DATED 16.07.2021 IN SPECIAL LEAVE TO APPEAL (CRL)NO.2782/

2021 OF THE APEX COURT.