Criminal Proceedings Involving Serious Offences Under POCSO Act Can't Be Quashed On Settlement Between Parties: Kerala High Court
Tellmy Jolly
18 Dec 2024 3:00 PM IST
The Kerala High Court has held that remote chance of conviction due to compromise between the accused and the complainant should not serve as a ground to terminate investigation abruptly and to quash the FIR and further proceedings in serious offences involving POSCO Act.
In the present case, the petitioner was accused of subjecting a 17-year-old girl to sexual intercourse by giving promise to marriage. The court further said that legal position was comprehensive that criminal proceedings involving very serious offences under the POCSO Act could not be quashed on the ground that the accused and the complainant had settled the matter.
Justice A. Badharudeen found that prime facie case was made out against the petitioner and declined to quash the criminal proceedings under the POCSO Act based on the girl's affidavit for settlement.
“Thus, the legal position is apparent and comprehensive that criminal proceedings involving very serious offences under the POCSO Act could not be quashed on the ground that the accused and the complainant had settled the matter. That apart, in cases of this nature, the fact that in view of compromise entered into between the parties, the chance of a conviction is remote and bleak also cannot be a ground to abruptly terminate the investigation, by quashing FIR and all further proceedings pursuant thereto, by invoking the power under Section 482, Cr.P.C.”
Crime was registered against the petitioner under Sections 450, 376(2)(n), 354, 354A(1)(i), 354D(1)(i), 354D(1)(ii) of the IPC, various provisions under the POCSO Act and Section 66E of the Information Technology Act.
As per prosecution case, the girl was given a mobile phone by her parents to attend online classes during the Covid-19 pandemic and she became friends with the accused through a mutual friend. The accused who initially contacted the girl through phone started visiting her house and subjected her to sexual intercourse, despite her resistance.
The counsel for petitioner sought for quashing the proceedings based on the affidavit of the girl. It was contended that the petitioner and the girl had consensual sexual intercourse due to their romantic relationship during their adolescent years and sought for quashing of the criminal proceedings.
On the other hand, the Public Prosecutor opposed quashing of the FIR submitted that serious offences under the POCSO Act could not be settled on the strength of affidavit filed by the girl at a subsequent stage even after attaining majority. It was argued that it is discernible that the accused started relationship with the girl offering to marry her and continued the same. In the meanwhile, on offering promise of marriage he had coitus with the girl repeatedly. In such a case, prima facie, the above offences are made out.
Relying upon precedents, the Court observed that serious offences under POCSO Act cannot be quashed based on compromise entered between the accused and victim.
Further, the Court stated that despite hostility of the girl on the premise of settlement, the prosecution could use the statement of the girl recorded under Section 164 CrPC to support prosecution's allegations.
As such, the petition was dismissed.
Counsel for Petitioner: Advocates C P Udayabhanu, Navneeth N Nath
Counsel for Respondents: Senior Public Prosecutor Renjith George
Case Number: CRL.MC NO. 60 OF 2024
Case Title: Akhil Mohanan v State of Kerala
Citation: 2024 LiveLaw (Ker) 812
