Saturday, 19 November 2016

Whether prosecution under POCSO Act can be quashed on account of settlement?

  Petitioner has now approached this Court stating that,

in the meanwhile, disputes between the parties have been resolved

and parents of the victim have agreed to settle the disputes.

Learned counsel for the victim, who is arrayed as the second

respondent herein, as well as her parents arrayed as respondents

3 and 4 submitted that they have no grievance now and are willing


to compromise the matter. It was also stated that expressing the

above intention, the parents have executed separate affidavits.

Relying on Annexures-B and C affidavits, learned counsel

reiterated that it discloses a fair and genuine intention of the

parties.       Learned Public Prosecutor also submitted that the

petitioner is not involved in any other crime and the parties have

resolved their disputes.

         4.     Though, the allegation includes sexual assault on a

minor woman and the provisions of POCSO have been invoked, it

does not involve an aggravated form of sexual assault. Further,

the question whether it happened accidentally or whether it was

done intentionally is a highly disputed question of fact. Having

regard to these facts, I feel that continuance of the proceedings

may not be in the interest of parties concerned. Hence, I am

inclined to invoke the jurisdiction under section 482 Cr.P.C.
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT:

           MR. JUSTICE SUNIL THOMAS

  7TH DAY OF NOVEMBER 2016

                   Crl.MC.No. 7251 of 2016 
           SAJITH S.
           
Vs
          STATE OF KERALA
          

           Petitioner herein is the sole accused in Crime No.834 of

2016 of Ottappalam Police Station for offences punishable under

section 354A of the Indian Penal Code and sections 7 and 8 of the

Protection of Children from Sexual Offences Act.

      2.   The crux of the allegation of the prosecution is that the

petitioner herein had gone to the de facto complainant to issue the

current bill, after checking up the meter reading. In the course of

the work, he touched the chest of the 15 year minor girl, who was

present there, with a malafide intention and thereby outraged her

modesty. On the basis of the complaint laid by her, crime was

registered for the above offences. Investigation is progressing.

      3.   Petitioner has now approached this Court stating that,

in the meanwhile, disputes between the parties have been resolved

and parents of the victim have agreed to settle the disputes.

Learned counsel for the victim, who is arrayed as the second

respondent herein, as well as her parents arrayed as respondents

3 and 4 submitted that they have no grievance now and are willing


to compromise the matter. It was also stated that expressing the

above intention, the parents have executed separate affidavits.

Relying on Annexures-B and C affidavits, learned counsel

reiterated that it discloses a fair and genuine intention of the

parties.       Learned Public Prosecutor also submitted that the

petitioner is not involved in any other crime and the parties have

resolved their disputes.

         4.     Though, the allegation includes sexual assault on a

minor woman and the provisions of POCSO have been invoked, it

does not involve an aggravated form of sexual assault. Further,

the question whether it happened accidentally or whether it was

done intentionally is a highly disputed question of fact. Having

regard to these facts, I feel that continuance of the proceedings

may not be in the interest of parties concerned. Hence, I am

inclined to invoke the jurisdiction under section 482 Cr.P.C.

                In the result, Crl.M.C is allowed. Entire proceedings

arising from Crime No.834 of 2016 of Ottappalam Police Station

stand quashed.

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