Quashing of proceedings warranted where parties amicably settle, maintaining harmony.

ORDER

This is a petition filed under Section 482 of the Code of Criminal Procedure , 1973, by the accused in Crime No.234 of 2020 of Koppam Police Station, Palakkad, which is pending as SC. No.36/2021 on the file of the Fast Track Special Court (POCSO), Pattambi. The offences alleged against the petitioner are under Section 354A (1)(i)of Indian Penal Code , 1860, Section 8 r/w 7, 10 r/w 9(n) of the Protection of Children from Sexual Offences Act and Section 7 5 of the Juvanile Justice (Care and Protection of Children)

Act, 2015.

2. The prosecution case is that on 20.05.2020 at about

5.30 p.m, the accused who is the relative of the defacto complainant outraged her modesty by grabbing her body and thereby he alleged to have committed the aforesaid offences.

3. According to the petitioner, the dispute has been settled with the defacto complainant and victim/ respondent No.2 and she agreed to drop all further proceedings relating to the above dispute. Therefore, the petitioner prayed for quashing all further proceedings against him.

4. The Defacto complainant/victim filed an affidavit endorsing the averments in the Criminal MC. According to her, the case has been amicably settled and that she does not intend to proceed with the case and also that further proceedings in the case can be quashed. She has no further grievance against the petitioner.

5. The learned Public Prosecutor, after getting instruction from the investigating officer also submitted that the dispute has been amicably settled between the parties and that the victim is not interested in continuing the prosecution against the petitioner.

6. Considering the fact that the offence under the POCSO Act is also involved, the gravity of the offence alleged against the petitioner, who is a minor, is less serious in nature and now the dispute has been settled between the parties, quashment of the same is necessary for maintaining harmonious relationship between them and also to prevent abuse of process of the court.

In the result, this Crl. M.C is allowed. All further proceedings against the petitioner in SC No.36/2021 on the file of the Fast Track Special Court, (POCSO), Pattambi, arising from Crime No.234 of 2020 of Koppam Police Station, Palakkad, quashed under section Section 482 of the Code of Criminal Procedure , 1973.