Kerala High Court
Farshad vs State Of Kerala on 8 April, 2025
2025:KER:30500
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947
CRL.MC NO. 2521 OF 2024
CRIME NO.953/2023 OF MANJERI POLICE STATION, MALAPPURAM
IN SC NO.1119 OF 2023 OF FAST TRACK SPECIAL COURT II, MANJERI
PETITIONER/SOLE ACCUSED:
1 FARSHAD
AGED 23 YEARS
S/O MUHAMMED, SRAMABAKAL HOUSE,
KARUVAMBURAM PO, MANGALASERRY, PIN - 676121
BY ADVS.
SIDHARTH O.
SUSANTH SHAJI
ALBIN A. JOSEPH
RESPONDENTS/STATE/INVESTIGATING OFFICER/DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 STATION HOUSE OFFICER, MANJERI POLICE STATION
MANJERI POLICE STATION, KACHERIPADI, MANJERI,
MALAPPURAM, PIN - 676121
3 INSPECTOR OF POLICE, MANJERI POLICE STATION
MANJERI POLICE STATION, KACHERIPADI, MANJERI,
MALAPPURAM, KERALA, PIN - 676121
4 XXXXXXXXXX
XXXXXXXXXX XXXXXXXXXX
Crl.M.C.No.2521 of 2024 2025:KER:30500
-2-
BY ADVS.
SRI.SANAL RAJ. P.
SRI. MUHAMMED MISBAHU K. FOR R4
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
08.04.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.2521 of 2024 2025:KER:30500
-3-
C. JAYACHANDRAN, J.
------------------------------------
Crl.M.C.No.2521 of 2024
------------------------------------
Dated, this the 08th day of April, 2025
ORDER
The petitioner herein is the sole accused in Crime
No.953/2023 of Manjeri Police Station, Malappuram now
pending as S.C. No.1119/2023 before the Fast Track Special
Court-II, Manjeri. The offences alleged are under Sections
366, 376, 354, 354A(1)(i), 354D and 506 of the Penal Code
and also under Section 4 r/w Section 3(a), Section 8 r/w
Section 7, Section 12 r/w Section 11(iv) and (v) of the
POCSO Act. The petitioner seeks quashment of Annexure-A1
F.I.R., Annexure-A2 final report and all further
proceedings in the Sessions Case afore referred on the
strength of the settlement arrived at by and between the
petitioner/accused and the defacto complainant/victim.
2. The prosecution would allege that the
petitioner/accused, with the necessary animus, have
followed the victim, a minor girl, through mobile phone
Crl.M.C.No.2521 of 2024 2025:KER:30500
continuously and committed sexual assault and penetrative
sexual assault on the victim on 05.08.2023 inside the car
of the petitioner, besides threatening her that her nude
videos will be aired in the social media, if the incident
is revealed to anybody, thus committing the offences
enumerated above.
3. Heard the learned Counsel for the petitioner and the
learned Public Prosecutor. Perused the records.
4. As already indicated, quashment is sought for on the
strength of the settlement arrived at by and between the
petitioner and the defacto complainant. Along with the
Crl.M.C, the petitioner had produced Annexure-A5 affidavit
of the victim, who had attained majority at that time.
Besides, the statement of the defacto complainant was taken
through the Investigating Officer, as directed by this
Court when this Crl.M.C. was moved.
5. In Annexure-A5 affidavit, the defacto
complainant/victim would state that she was in a romantic
relationship with the petitioner/accused and that, they
have decided to marry, once they attain the legal age.
Crl.M.C.No.2521 of 2024 2025:KER:30500
However, the family and relatives of the defacto
complainant were against her relationship with the accused
due to the disparity in the financial position. According
to the defacto complainant, she was forced to give an
F.I.S. to the police by the family members and that she
gave the same out of fear. The defacto complainant would
swear in the affidavit that no such act, as alleged, was
committed by the petitioner/accused. The defacto
complainant attained majority on 16.01.2024 and she left
her parental home on 27.02.2024 and got married to the
petitioner/accused on the same day, at Edakuni Juma Masjid,
Kalpatta as per Islamic rituals. The defacto complainant
would hasten to add that they are presently leading a happy
married life together. To the same effect is the contents
of the statement recorded by the Investigating Officer,
wherein she would reiterate the marriage with the
petitioner/accused on 27.02.2024. She would state that her
marriage was registered in the Manjeri Muncipality. The
defacto complainant would state that she is presently
residing in her husband's house and that she has no
objection, whatsoever, in quashing the above Crl.M.C.
Crl.M.C.No.2521 of 2024 2025:KER:30500
against the petitioner/accused.
6. The certificate of marriage between the petitioner and
the defacto complainant issued by the Local Self Government
Department, Manjeri Municipality is produced at Annexure-
A6.
6. These factual aspects are not opposed by the learned
Public Prosecutor.
7. Now, the question is whether the crime and all further
proceedings thereto is liable to be quashed acting upon the
settlement between the parties.
8. This Court considered the legal issue in this regard
in a Common Order dated 02.04.2025 in Crl.M.C. nos.6880 of
2022 and 7427 of 2024, after referring to the judgments of
the Supreme Court and as also the views of the various High
Courts of the Country on the point, including the view of
this Court in Vishnu v. State of Kerala [2023 (3) KLT 754].
It is concluded in that Common Order that the quashment of
the crime sought for can be allowed, dehors the offences
under the POSCO Act, in cases were the relationship between
Crl.M.C.No.2521 of 2024 2025:KER:30500
the petitioner/accused and the defacto complainant/victim
had culminated in their marriage. The reasons which weighed
with this Court for doing so are delineated in paragraph
no.26 of that Common Order. For the sake of brevity, the
same are not repeated.
In the circumstances, the instant Crl.M.C. is allowed and
all further proceedings in Crime no.953/2023, now pending
as S.C. no.1119/2023 before the Fast Track Special
Court-II, Manjeri, will stand quashed.
Sd/-
C. JAYACHANDRAN
JUDGE
SKP/08-04
Crl.M.C.No.2521 of 2024 2025:KER:30500
APPENDIX OF CRL.M.C 2521/2024
PETITIONER'S ANNEXURES:
ANNEXURE A1 TRUE PHOTOSTAT COPY OF THE FIR IN CRIME
NO.953/2023 ON THE FILES OF THE MANJERI
POLICE STATION.
ANNEXURE A2 TRUE PHOTOSTAT COPY OF THE FINAL REPORT IN
CRIME NO.953/2023 ON THE FILES OF MANJERI
POLICE STATION.
ANNEXURE A3 TRUE PHOTOSTAT COPY OF THE CERTIFICATE OF
MARRIAGE ISSUED BY THE KHATEEB OF EDAKUNI
JUMA MASJID, KALPETTA.
ANNEXURE A4 TRUE PHOTOSTAT COPY OF THE STATEMENT OF THE
4TH RESPONDENT RECORDED BY THE JUDICIAL
FIRST CLASS MAGISTRATE COURT-I, MANJERI
DATED 28.02.2024.
ANNEXURE A5 THE ORIGINAL OF THE CONSENT AFFIDAVIT
SIGNED BY THE 4TH RESPONDENT DATED
10.03.2024.
ANNEXURE A6 CERTIFICATE OF MARRIAGE ISSUED BY THE
DEPARTMENT OF LOCAL SELF GOVERNMENT
(GOVERNMENT OF KERALA)
ANNEXURE A7 MARRIAGE CERTIFICATE ISSUED BY THE
SECRETARY, THANBEEHUL MUSLIMEEN COMMITTEE
DATED 25.03.2024.
RESPONDENTS' ANNEXURES: NIL
TRUE COPY
P.A. TO JUDGE
