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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
MUHAMMED RASHID – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. quashing proceedings based on settlement is impermissible for serious crimes. (Para 1 , 2 , 3) |
| 2. prosecution opposes quashing due to nature of offences. (Para 4) |
| 3. surrender and bail application considered with respect. (Para 5) |
O R D E R
(Dated this the 02nd day of March, 2026)
The petitioner who is the sole accused in Crime No.
328 of 2016 of Kalpakanchery Police Station now pending before the Fast Track Speicial Court, Thirur as LP No. 14 of 2021 filed this Crl.MC under Section 5 28 BNSS praying for quashing Annexure 3 final report on the ground that the matter has been settled with the defacto complainant. The petitioner is facing trial for the commission of offences punishable under Section 376 IPC and Section 5 and 6 of the POCSO Act and Section 75 of the Juvenile Justice Act .
2. The prosecution case is that on 25.01. 2012 at about
11 pm and on several subsequent days, the accused committed penetrative sexual assault upon the minor victim aged 15 years and thereby he is alleged to have committed the aforesaid offences.
3. According to the learned Counsel for the petitioner, now the victim became major, that she married another person and leading a happy life a
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