Yousaf.V.P vs State Of Kerala
2023 Latest Caselaw 11775 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
   THURSDAY, THE 16TH DAY OF NOVEMBER 2023 / 25TH KARTHIKA, 1945
                        CRL.MC NO. 9272 OF 2023
        CRIME NO.129/2023 OF Kumbla Police Station, Kasargod
  AGAINST THE ORDER/JUDGMENT SC 284/2023 OF ADDITIONAL DISTRICT
    COURT & SESSIONS COURT - I, KASARAGOD / I ADDITIONAL MACT,
                               KASARAGODE
PETITIONER/S:

           YOUSAF.V.P.
           AGED 41 YEARS
           S/O SULAIMAN, VETTILAPALLIYALIL, MUTTIL.P.O., WAYANAD,
           PIN - 673122

           BY ADVS.
           A.RAJASIMHAN
           VYKHARI.K.U
           SHARAFUDHEEN M.K.



RESPONDENT/S:

    1      STATE OF KERALA
           REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
           PIN - 682031

    2      XXXXXXXXXX
           XXXXXXXXXX XXXXXXXXXX


OTHER PRESENT:

           SRI VIPIN NARAYAN (SR PP)/ SMT AMINA JAMES (FOR
           RESPONDENT)




     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
16.11.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl. M.C. No.9272/2023                  -2-

                                   ORDER

The petitioner is the accused in Crime No.129/2023 of Kumbla Police

Station, Kasaragod District which is now pending as S.C.No.284/2023 before

the Additional District and Sessions Court-I, Kasaragod.

2. The allegation against the petitioner is that on a particular day in

June, 2022 the petitioner had with sexual intent looked at the daughter of the

de facto complainant / 2nd respondent 10th standard student, daughter of the

2nd respondent herein and asked whether she used to view sex videos and then

summoned her to the classroom alone and again sexually looked at her with

sexual intent and asked whether she views sex videos.

3. When the matter is taken up for consideration today it is the

submission of the learned counsel for the petitioner that all issues between

the petitioner and 2nd respondent (de facto complainant) have been settled.

He also produced affidavit of the 2nd respondent as Annexure-A6.

4. The learned Public Prosecutor has taken me through the

statement recorded from the victim under Section 164 Cr.P.C. A reading of

the statement recorded under Section 164 Cr.P.C will indicate that no offence

has been committed by the petitioner. The fact that the victim had stated so in

the statement recorded from the victim under Section 164 Cr. P.C was noticed

by this court while granting bail to the petitioner through Annexure-A3 order.

5. Adv. Amina James, learned counsel appearing for the 2nd

respondent / de facto complainant / victim and states that she has no

objection in the proceedings against the petitioner being quashed.

6. Having regard to the facts and circumstances of the case and

considering the fact that all issues between the petitioner and the 2 nd

respondent have been settled and also considering Annexure-A6 affidavit of

the 2nd respondent, I am of the view that this is fit case where, the jurisdiction

of this Court under Section 482 of Cr.P.C. can be invoked and the proceedings

against the petitioner can be quashed on the ground of settlement. Keeping in

mind the law laid down by the Supreme Court in Gian Singh v. State of

Punjab; (2012) 10 SCC 303 and State of M.P. v. Laxmi Narayan;

(2019) 5 SCC 688, I am of the view that the proceedings against the

petitioner can be quashed on the ground of settlement. No public purpose

would be served by continuing with the proceedings against the petitioner.

The chances of a successful prosecution are remote. In the result, this

Crl.M.C. is allowed and all further proceedings in S.C.No.284/2023 before the

Additional District and Sessions Court-I, Kasaragod will stand quashed as

against the petitioner.

Sd/ GOPINATH P.

JUDGE AMG

APPENDIX OF CRL.MC 9272/2023

PETITIONER ANNEXURES

AnnexureA3 TRUE COPY OF THE ORDER IN BA NO. 2100 OF 2023 DATED 20-3-2023 OF THIS HON'BLE COURT