SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Ker) 13972

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
SABIR – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 620 OF 2026 | SC NO. 526 OF 2023



Advocates:
For the Appellants/Petitioners: SRI.PRAJIT RATNAKARAN, SRI.ABDUL RAOOF PALLIPATH, SMT.GANGA A.SANKAR, SMT.ANJU DONY
For the Respondents: SRI.C.H.ABDUL RASAC

Serious offenses under relevant statutes cannot be quashed even with settlement; timely resolution mandated.

Headnote:This court analyzed the provisions of Sections 363, 376(3), and 354A(1)(i) of IPC, as well as the Protection of Children from Sexual Offences Act, highlighting the seriousness of these offenses. The accused petitioned under Section 528 for quashing proceedings, citing a settlement with the complainant, but the court recognized the gravity of the allegations, particularly due to the involvement of IPC Section 376 and PoCSO provisions. The court thus ordered a timely disposition of the case by the Sessions Judge within six months.

Table of Content
1. analysis of offenses under ipc and pocso act. (Para 1 , 2)
2. direction for timely disposal of the case. (Para 3)
3. final court order issued. (Para 4)

ORDER

Dated this the 26th day of February, 2026 The accused in S.C.No.526/2023 on the file of the First Additional District and Sessions Court, Thalassery, arising out of Crime No.340/2023 of Kannur City police station filed this Crl.M.C. under Section 528 of BNSS, praying for quashing all further proceedings against him on the ground that the entire disputes between himself and the defacto complainant has already been settled. Along with the Crl.M.C., the petitioner has also produced an affidavit sworn to by the victim to the effect that the matter has been settled between them.

2. The offences alleged against the petitioner are under Sections 363 , 376(3), 354A(1)(i) of IPC and Sections 3A , 4, 7 and 8 of the Protection of Children from Sexual Offences Act . Since the offences alleged against the petitioner includes 376 and & 4 of the PoCSO Act, even though the dispute has been settled between the parties, the same cannot be quashed as it is a serious and heinous of offence.

3. At this stage, the learned counsel for the petitioner prayed for giving a direction to the learned Sessions Judge to dispose of this case in a time bound manner.

4. After hearing the learned Public Prosecutor as well as the learned counsel for the petitioner, I deem it appropriate to dispose of this Crl.M.C. with a direction to the learned Sessions Judge, Thalassery to dispose of this case at the earliest at any rate within a period six months from the date of receipt of a copy of this order.

Sd/-

C. PRATHEEP KUMAR, JUDGE

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top