Kerala High Court
Nishad vs State Of Kerala on 11 April, 2024
Author: V.G.Arun
Bench: V.G.Arun
Crl.M.C.No.1961 of 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
CRL.MC NO. 1961 OF 2024
CRIME NO.298/2022 OF Mannarkkad Police Station, Palakkad
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.797 OF 2022 OF
ADDITIONAL SESSION COURT (POCSO), PATTAMBI
PETITIONER/ACCUSED:
NISHAD
AGED 31 YEARS
S/O THAREEKUTTY, ALAYAN HOUSE, VENGA P.O.,
MANNARKKAD TALUK, PALAKKAD, PIN - 678601
BY ADV JELSON J.EDAMPADAM
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM, PIN - 682031
2 SUB INSPECTOR OF POLICE
MANNARKKAD POLICE STATION, MANNARKKAD, PALAKKAD,
PIN - 678582
3 XXXXXXXXXX
XXXXXXXXXX XXXXXXXXXX
OTHER PRESENT:
PP MAYA M.N.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.1961 of 2024
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ORDER
Dated this the 11th day of April 2024 Petitioner is the accused in Crime No.298 of 2022 registered at the Mannarkkad Police Station for the offences punishable under Section 367 of IPC and Section 12 read with Section 11(i)
(vi) of the POCSO Act, 2012, now pending as S.C.No.797 of 2022 on the files of the Additional District Court (Fast Track Special Court), Pattambi, Palakkad. The de facto complainant is arrayed as the 3rd respondent. Annexure-A2 affidavit has been filed by the 3rd respondent stating that the dispute, which had compelled him to file the complaint, leading to registration of the crime, has been settled amicably and he has no subsisting grievance against the petitioner.
2. Heard the learned Public Prosecutor also, who, on instructions, submits that no antecedents are reported against the petitioner.
3. Having considered the gravity of the offences alleged, the age of the survivor and having perused the affidavit, the contents of which are vouched to be true and voluntary by the counsel for Crl.M.C.No.1961 of 2024 3 the 3rd respondent, I am satisfied that no public interest is involved in this matter. Moreover, in view of the settlement arrived at between the parties, there is no possibility of the criminal proceedings ending in conviction. As such, continuance of the proceedings will amount to an abuse of process of court and hence, in view of the legal position set out by the Honourable Supreme Court in Madan Mohan Abbot v State of Punjab [(2008) 4 SCC 582] and Gian Singh v State of Punjab and Another [(2012) 10 SCC 303], there is no impediment in granting the relief.
In the result, this Crl.M.C is allowed. Annexure-A1 final report and all further proceedings in S.C.No.797 of 2022 on the files of the Additional District Court (Fast Track Special Court), Pattambi, Palakkad as against the petitioner, are quashed.
Sd/-
V.G. Arun Judge vpv