Serious offences affecting societal interests cannot be quashed based on compromise, even under Section 482 of the CrPC.

This Criminal Miscellaneous Case has been filed by the accused under Section 482 of the Code of Criminal Procedure , to quash Annexure A2 FIR and Annexure A3 final report and all further proceedings, pending against the petitioner in S.C.No.264/2023 on the files of the Special Court for the trial of POCSO Cases, Painavu, Idukki, in Crime No.669/2022 of Vellathooval Police Station.

2.Heard the learned counsel for the petitioner and the learned Public Prosecutor in detail.

3.I have perused Annexure-A2 FIR and A3 final report, which are under challenge.

4.Here the prosecution alleges commission of offences punishable under Sections 363 , 370, 370A, 354(A)(i)(i), 376, 376(2)(n), 506(i) of the Indian Penal Code (` IPC ' for short) Crl.M.C.No.4462/2023-G 3 and Section 8 r/w 7, 4(1) r/w 3(a), 6 r/w, 5(l), 12 r/w 11(iv) of the Protection of Children from Sexual Offences Act (`POCSO' for short hereafter).

5. The learned counsel for the petitioner argued at length to convince this Court that the petitioner is innocent as the relationship is purely consensual in nature. Therefore, the matter would require quashment. He has given emphasis to the affidavit filed by the victim as Annexure-A4 conceding settlement.

6.Whereas the learned Public Prosecutor strongly opposed quashment of the proceedings involving serious offences under the IPC as well as POCSO Act on the submission that offences of serious nature could not be settled, as repeatedly cautioned by the Honourable Apex Court.

7.The law as it stands is that although High Court can invoke its jurisdiction u/s.482 Cr.P.C. even in non-compoundable offence and can quash the proceedings on the basis of settlement arrived at between the parties even in the Crl.M.C.No.4462/2023-G 4 cases of non-compoundable offences but while exercising its jurisdiction this Court must consider the fact that whether the proceeding relates to any serious and heinous offences and whether the crime in question has impact over the society. In cases of serious nature which affects the society at large this Court should not exercise its jurisdiction under Section 482 Cr.P.C. for quashing the proceedings on the basis of compromise executed between the parties. (See decisions in Gian Singh v. State of Punjab and Another reported in [(2012) 10 SCC 303], Narinder Singh and Others v. State of Punjab and Another reported in [(2014) 9 SCC 466], Shimbhu v. State of Haryana reported in [AIR 2014 Supreme Court 739] (three Bench) , State of Madhya Pradesh v. Madanlal reported in [AIR 2015 Supreme Court 3003] (two Bench), Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and Others v. State of Gujarat and Another reported in [(2017) 9 SCC 641], State of Madhya Pradesh v. Laxmi Narayan & Ors . reported in [(2019) 5 SCC 688], Arun Singh and Others v. State of Uttar Crl.M.C.No.4462/2023-G 5 Pradesh Through its Secretary and Another reported in [(2020) (3) SCC 736], Ram Gopal & Another v. State of Madhya Pradesh reported in [(2021 0 Supreme (SC) 529)], Daxaben v. The State of Gujarat & others reported in [2022 LiveLaw (SC) 642], P.Dharmraj v. Shanmugam and others decided on 8th September 2022 in Crl.Appeal Nos.1515-1516 of 2022).

8.In view of the rival arguments, I have perused the FIS given by the defacto complainant which led to registration of this crime running into 5 pages dated 12.11.2022 and the same recites that while the defacto complaint was studying at St.George Higher Secondary School, Parathodu, she made an affair with the accused and had telephone calls.

Thereafter, when the defacto complainant was studying in the 10 th standard, she went to see a Science Fest at Panikkankudi school, where the accused also came and taken her in a Jeep driven by him to Iruttukanam. When they reached at a house, nobody was there and key of the house was with the accused. Crl.M.C.No.4462/2023-G 6 He opened the room and persuaded her for sexual intercourse and she resisted the same. Thereafter, he subjected her to rape on the promis