Nishad vs State Of Kerala
2024 Latest Caselaw 10647 Ker

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

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