Kerala High Court
Sahil Sabu vs The State Of Kerala on 23 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945
CRL.MC NO. 769 OF 2024
CRIME NO.248/2023 OF Kannamali Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT SC 742/2023 OF ADDITIONAL DISTRICT
COURT & SESSIONS COURT (VIOLENCE AGAINST WOMEN & CHILDREN),
ERNAKULAM
PETITIONER
SAHIL SABU
AGED 23 YEARS
S/O VARGHESE, KADAMBATHOTTIL CHIRA HOUSE,
CHATHURTHIAKARY, PULLKUNNU, ALAPPUZHA, PIN - 688502
BY ADVS.
BHARATH MOHAN
N.KRISHNA PRASAD
RESPONDENTS
1 THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM DISTRICT, PIN - 682031
2 XXXXXXXXXX
XXXXXXXXXX XXXXXXXXXX
3 THE SUB INSPECTOR OF POLICE
KANNAMALI POLICE STATION, ERNAKULAM DISTRICT,
PIN - 682008
BY ADV P.SHANES METHAR
SR.PP-SRI.RENJIT GEORGE
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C No.769 of 2024
2
ORDER
This Crl.M.C under Section 482 of Cr.P.C is filed by the sole
accused in Crime No.248/2023 of Kannamali Police Station,
Ernakulam, registered under Section 354 (D) of IPC and Sections 11
(iv) r/w 12 of POCSO Act, for quashing the FIR and the proceedings in
S.C.No.742/2023 pending on the file of Additional District and Sessions
Court (For trial of cases relating to Atrocities and violence against
women and children), Ernakulam.
2. The prosecution allegation is that from January 2023, the
petitioner made multiple calls to the minor daughter of the defacto
complainant and also sent text messages to her with sexual intention,
while she was using her mother's phone.
3. When the case is taken up for consideration, learned
counsel for the petitioner would submit that the matter stands settled,
and he produced Annexure C affidavit of the 2nd respondent who is the
mother and guardian of the victim, endorsing the factum of settlement,
and stating that, she has no intention to continue with the prosecution.
She has no objection in quashing the proceedings in S.C.No.742/2023
pending against the petitioner before Additional District and Sessions
Court (For trial of cases relating to Atrocities and violence against
women and children), Ernakulam.
4. Learned Public Prosecutor on instructions submitted that
the matter has been settled, and he produced signed statement of the
defacto complainant-mother of the minor victim, stating that as the
matter is settled she has no objection in quashing the proceedings in
S.C.No.742/2023.
5. Since the matter stands settled, no purpose would be
served by continuing the prosecution against the petitioner.
6. In the light of the principles laid down by the Apex Court in
Gian Singh v. State of Punjab and Another; [(2012) 10 SCC 303)],
and State of Madhya Pradesh v. Laxmi Narayan and Others;
[(2019) 5 SCC 688], this Court is of the view that the proceedings
against the petitioner can be quashed on the basis of settlement as
the settlement is for the benefit of the victim child also.
In the result, this Crl.MC is allowed, quashing Annexure A FIR,
Annexure B final report and the proceedings in S.C.No.742/2023, on
the file of Additional District and Sessions Court (For trial of cases
relating to Atrocities and violence against women and children),
Ernakulam.
Sd/-
SOPHY THOMAS
JUDGE
smm
