IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
.......... – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 7583 OF 2022
| Table of Content |
|---|
| 1. the seriousness of charges must be considered regardless of victim's age. (Para 1 , 2) |
| 2. victim's wish to settle cannot override legal proceedings. (Para 3 , 4) |
| 3. court which must prioritize justice over individual settlement. (Para 5) |
O R D E R Dated this the 19th day of November, 2025 The defacto complainant in SC. No.347/2020 on the file of the 1st Additional Sessions Court, Kollam filed this petition under Section 482 Cr.P.C., praying for quashing Annexure-A1 FIR and Annexure-A2 final report, in which the 3rd respondent is the accused. The offences alleged against the 3rd respondent are under Sections 354A(i), 450, 376 and Section
3 r/w Sections 4 , 9(i) and 10 of the POCSO Act .
2. The prosecution case is that the accused pretending love, when the defacto complainant was a minor, reached her residence on 16.9.2019, when there was nobody else in the residence and committed rape on her.
3. According to the learned counsel for the petitioner, now the victim became major and she does not want to proceed with the case and therefore, she prayed for quashing Annexure-A1 FIR and Annexure-A2 final report. Learned counsel for the petitioner submitted that now she married another person and living peacefully and therefore, if further proceedings is continued, the same will adversely affect her family life.
4. Learned counsel for the 3rd respondent/accused also submitted that the matter has been settled with the defacto complainant and therefore, he also prayed for quashing the proceedings.
5. On a perusal of the entire documents relied upon by the prosecution, it can be seen that when the victim was a minor, the accused trespassed into the residence and committed sexual assault upon her. The offences alleged against the accused is very serious and heinous in nature. In the above circumstances, merely for the reason that when the defacto complainant became major, he has settled the matter with the accused, Annexure-A1 FIR and Annexure-A2 final report cannot be quashed. In the above circumstances, this Crl. M.C. is liable to be dismissed.
In the result, this Crl.M.C. is dismissed. Considering the fact that this is a case of the year 2020, there will be a direction to the trial court to dispose of this case within a period of six months from the date of receipt of a copy of this order.
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