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2024 Supreme(Online)(KER) 54437
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE SOPHY THOMAS TH WEDNESDAY, THE 28 DAY OF FEBRUARY 2024 / 9TH PHALGUNA, 1945 CRL.MC NO. 901 OF 2024 CRIME NO.1054/2023 OF Kothamangalam Police Station, Ernakulam SC NO.1338 OF 2023 OF ADDITIONAL DISTRICT & SESSIONS COURT (POCSO), MUVATTUPUZHA PETITIONER/SOLE ACCUSED:
ARUN CHERIAN, AGED 22 YEARS, S/O CHERIAN, PUNNACKAPADAVIL (H), KEERANPARA VILLAGE, PUNNECKADU, ERNAKULAM DISTRICT, PIN - 686681.
BY ADV JISSMON A KURIAKOSE RESPONDENTS/STATE/DEFACTO COMPLAINANT/CW1 TO CW4:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031.
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5 XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX PUBLIC PROSECUTOR SRI.PRASANTH M.P THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
O R D E R
This Crl.M.C. under Section 482 of Cr.P.C. is filed by the sole accused in Crime No.1054 of 2023 of Kothamangalam Police Station, Ernakulam District, registered under Sections 354D of IPC, Section 66E and 67A of IT Act and Section 12 read with Section 11(iii)(iv) of POCSO Act, for quashing Annexure-1 final report in S.C.No.1338 of 2023, on the file of Additional Special Court for The Trial of POCSO Act cases, Muvattupuzha.
2. The prosecution allegation is that on 17.07.2023 at 4.00 p.m., the petitioner, with dishonest intention, morphed the photographs of respondents 2, 4 and 5 into a nude one, and sent it to the 3rd respondent, a minor girl, who is the sister of the 4th respondent, through snap chat.
3. When the case is taken up for consideration, learned counsel for the petitioner would submit that the matter stands settled, and he produced Annexures-2 to 5 affidavits of respondents 2 to 5, endorsing the factum of settlement, and stating that, they have no intention to continue with the prosecution. They have no objection in quashing the proceedings in S.C.No.1338 of 2023 pending against the petitioner before Additional Special Court for The Trial of POCSO Act cases, Muvattupuzha.
4. Learned Public Prosecutor on instructions submitted that the matter has been settled, and he produced signed statement of respondent Nos.2 to 5, stating the matter is settled and they have no objection in quashing the proceedings in S.C.No.1338 of 2023.
5. Since the matter stands settled, no purpose would be served by continuing the prosecution against the petitioner.
6. In the light of the principles laid down by the Apex Court in Gian Singh v. State of Punjab and Another; [(2012) 10 SCC 303)] , and State of Madhya Pradesh v. Laxmi Narayan and Others; [(2019) 5 SCC 688], this Court is of the view that the proceedings against the petitioner can be quashed on the basis of settlement.
In the result, this Crl.M.C. is allowed and Annexure-1 final report in S.C.No.1338 of 2023 on the file of Additional Special Court for The Trial of POCSO Act cases, Muvattupuzha, stands quashed.
Sd/-
SOPHY THOMAS JUDGE DSV/-
APPENDIX OF CRL.MC 901/2024 PETITIONERS’ ANNEXURES Annexure 1 THE TRUE COPY OF FINAL REPORT IN CRIME NO.1054/2023 OF KOTHAMANGALAM POLICE STATION IN ERNAKULAM DISTRICT.
Annexure 2 TRUE COPY OF THE AFFIDAVIT DATED 11.10.2023 SWORN BY THE RESPONDENT NO.2 Annexure 3 THE AFFIDAVIT DATED 29.11.2023 SWORN BY FATHER OF THE RESPONDENT NO.3.
Annexure 4 THE AFFIDAVIT DATED 11.10.2023 SWORN BY RESPONDENT NO.4.
Annexure 5 THE AFFIDAVIT DATED 11.10.2023 SWORN BY THE RESPONDENT NO.5.
RESPONDENTS’ ANNEXURES : NIL
