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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