IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
SAMEER K. – Appellant
Versus
THE STATE OF KERALA – Respondent
CRL.MC NO. 3458 OF 2023 | CRIME NO.912/2021 | SC NO.3 OF 2022
| Table of Content |
|---|
| 1. petition under section 482 crpc filed to quash criminal proceedings. (Para 1 , 2 , 3) |
| 2. victim confirms amicable settlement and does not wish to pursue the case. (Para 4 , 5) |
| 3. court acknowledges the non-heinous nature of the offences and recognizes the need for quashment. (Para 6 , 7) |
| 4. final ruling allows for quashing of all proceedings against the petitioner. (Para 8) |
O R D E R
(Dated this the 23rd day of February, 2026)
This is a petition filed under Section 482 of the Code of Criminal Procedure , by the accused in Crime No.912 of 2021 of Tirurangadi Police Station, which is pending as SC. No.3 of 2022 on the file of Fast Track Special Court, Parappanangadi. He filed this Crl.M.C under Section 482 Cr.PC, praying for quashing all further proceedings against him. The offences alleged against the petitioner is under Section 354 IPC and Section 8 r/w Section 7 of PoCSO Act.
2. The prosecution case is that on 27.11.2021 at about
4.10 p.m., when the de facto complainant, who was a girl of 16 years, was travelling in a bus, the accused, who was a co- passenger, outraged her modesty by grabbing her body and thereby he is alleged to have committed the aforesaid offences.
3. According to the petitioner, the dispute has been amicably settled with the defacto complainant/victim/ respondent No.3 and that 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 de facto complainant/victim filed 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 petitioners.
6. Considering the fact that the offences involved in this case are not heinous and very serious, but purely of private in nature and now the dispute has been settled between the parties, quashment of the same is necessary for maintaining harmonious relationship between the parties and also to prevent abuse of process of the court.
7. Though the offence under Section 8 r/w Section 7 of the PoCSO Act is also involved, the gravity of the offence involved in this case is less serious in nature. Moreover, the victim, who has now became major and she along with her parents had given signed statement to the effect that now the matter has been settled between them.
8. In the result, this Crl. M.C is allowed. All further proceedings against the petitioner in SC. No.3 of 2022 on the file of Fast Track Special Court, Parappanangadi, arising from Crime No.912 of 2021 of Tirurangadi Police Station, is quashed under Section 482 of the Code of Criminal Procedure .
Sd/-
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