Kerala High Court
Dilshad.P A vs State Of Kerala on 6 January, 2025
2025:KER:141
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
MONDAY, THE 6TH DAY OF JANUARY 2025 / 16TH POUSHA, 1946
CRL.MC NO. 10928 OF 2024
CRIME NO.279/2023 OF ADHUR POLICE STATION, KASARGOD
AGAINST THE JUDGMENT DATED 25.10.2024 IN S.C. NO.923 OF 2023 OF
FAST TRACK SPECIAL COURT, HOSDURG
PETITIONER/ACCUSED NO.2:
1 DILSHAD.P A
AGED 28 YEARS
S/O.MUHAMMED KUNHI, NAWAZ MANZIL, POVVAL,
MULIYAR P.O, KASARAGOD DISTRICT,, PIN - 671542
BY ADV P.U.SHAILAJAN
RESPONDENTS/STATE COMPLAINANT & DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 THE STATION HOUSE OFFICER
ADHUR POLICE STATION, ADHUR P.O,
KASARAGOD DISTRICT, PIN - 671543
3 XXXXXXXXXX
XXXXXXXXXX XXXXXXXXXX
BY ADVS:
SRI.E.C.BINEESH, PUBLIC PROSECUTOR
SRI.MIDHUN SUDASANAN P. FOR R3
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06.01.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2025:KER:141
Crl.M.C.No.10928 of 2024
-2-
ORDER
Dated, this the 06th day of January, 2025
The petitioner is the second accused in Crime no.279/2023
of Adhur Police Station, Kasargod, which is now pending as
S.C. No.923/2023 before the Fast Track Special Court,
Hosdurg. The offences alleged are under Sections 377,
370(4), 363 and 506 Part 1, r/w Section 34 of the Penal
code; Section 77 of the Juvenile Justice (Care and
Protection of Children) Act; and Section 4(1) r/w Sections
3(c), 6(1) r/w 5(1) and 6(1) r/w 5(g) of the Protection of
Children from Sexual Offences Act, 2012. The petitioner
seeks quashment of the above case, on the strength of the
settlement arrived at by and between the petitioner and the
victim minor, represented through his mother; and also for
the reason that the first accused who stood the trial stand
acquitted by Annexure-III judgment dated 25.10.2024.
2. The prosecution allegation is that, on 25.12.2022, at
23.00 hours, the first accused, in furtherance of the
common intention with the second accused, have kidnapped
2025:KER:141
the victim, a minor boy aged 17 years, by putting him under
fear, administered an intoxicating substance to the child
and had unnatural sex on the child, thus committing the
offences enumerated above.
3. Heard the learned Counsel for the petitioner and the
learned Public Prosecutor. Perused the records.
4. Learned Counsel for the petitioner would invite the
attention of this Court to paragraph no.12 of Annexure-III
judgment - which acquitted the first accused - to point out
that the victim, as also, his mother have disowned their
former statements under Section 161, as also, under
Section 164(5) of the Cr.P.C. They would state that no
sexual exploitation, whatsoever, has been committed on the
minor by the accused persons. Taking stock of the same, the
learned Sessions Judge acquitted the first accused, vide
Annexure-III judgment. It is the submission of the learned
Counsel for the petitioner that no useful purpose will be
served by the second accused facing trial in the light of
Annexure-III judgment. That apart, it is also pointed out
that the matter has been settled amicably between the
2025:KER:141
parties. The affidavit of the victim, acting through his
mother, is produced as Annexure-II. That apart, the
statement of the victim was recorded by the Investigating
Officer as per orders of this Court, which would also
indicate that the victim, who is on the verge of attaining
majority, is not any more interested to prosecute the
matter. On such premise, learned Counsel would seek
quashment of all further proceedings in S.C. no.923/2023
pending before the Fast Tract Special Court, Hosdurg.
5. The above referred facts were not disputed by the
learned Public Prosecutor. It was submitted that the
statement of the victim was recorded, which would indicate
that the victim is not interested to prosecute the matter
anymore.
6. Taking stock of the fact that the first accused
already stands acquitted, which acquittal is not based on
any technical reason, but based on the evidence tendered by
the victim himself, as also, his mother, this Court would
endorse the petitioner's submission that no useful purpose
is going to be served by compelling the petitioner/A1 to
2025:KER:141
undergo the trial. There is little chance for a conviction.
Even after the evidence, the victim, as also, his mother
stuck on to their stand, as could be seen from Annexure-II
affidavit of the mother and the statement of the victim
recorded by the Investigating Officer.
7. In the light of the above referred facts, this Court
is of the opinion that the necessary parameters, as culled
out in Narinder Singh and Others v. State of Punjab [(2014)
6 SCC 466], Madan Mohan Abbot v. State of Punjab [(2008) 4
SCC 582] and Gian Singh v. State of Punjab and another
[(2012) 10 SCC 303], are fully satisfied. This Court is
convinced that further proceedings against the petitioner
will be a futile exercise, inasmuch as the disputes have
already been settled. There is little possibility of any
conviction in the crime. Dehors the settlement arrived at
by and between the parties, if they are compelled to face
the criminal proceedings, the same, in the estimation of
this Court, will amount to abuse of process of Court. The
quashment sought for would secure the ends of justice.
In the circumstances, this Crl.M.C. is allowed. Annexure-I
2025:KER:141
F.I.R. and Final Report of Adhur Police Station and all
further proceedings pending before the Special Court for
the Trial of Offences under the POCSO Offences (Additional
Sessions Court), Hosdurg in S.C. No.923/2023 are hereby
quashed.
Sd/-
C. JAYACHANDRAN
JUDGE
SKP/06-01
2025:KER:141
APPENDIX OF CRL.MC 10928/2024
PETITIONER'S ANNEXURES:
ANNEXURE-I COPY OF THE FIR AND FINAL REPORT IN CRIME
NO.279/2023 REGISTERED AT ADHUR POLICE
STATION, KASARAGOD DISTRICT DATED
24.05.2023.
ANNEXURE-II AFFIDAVIT OF THE GUARDIAN-MOTHER OF THE 3RD
RESPONDENT DATED 11.07.2024.
ANNEXURE-III CERTIFIED COPY OF THE JUDGMENT OF THE
SPECIAL COURT FOR THE TRIAL OF OFFENCES
UNDER THE PROTECTION OF CHILDREN FROM SEXUAL
OFFENCES ACT, 2012 IN SC NO.932/2023,
HOSDURG DATED 25.10.2024
RESPONDENTS' EXHIBITS: NIL
TRUE COPY
P.A. TO JUDGE
