Kerala High Court
Ajayan vs State Of Kerala on 24 October, 2024
CRL.MC NO. 6282 OF 2024 1 2024:KER:79920
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
THURSDAY, THE 24TH DAY OF OCTOBER 2024 / 2ND KARTHIKA,
1946
CRL.MC NO. 6282 OF 2024
CRIME NO.227/2021 OF KODUNGALLUR POLICE STATION,
THRISSUR
SC NO.547 OF 2023 OF FAST TRACK SPECIAL COURT,
(POCSO) IRINJALAKUDA IN LP NO.112 OF 2023 OF SESSIONS
COURT,THRISSUR
PETITIONER/ACCUSED:
AJAYAN,
AGED 47 YEARS
S/O.KUNJAYYAN, MATTUMMAL HOUSE, PUTHANPALLI
BEACH, AZHEEKKAL VILLAGE, PIN - 680666
BY ADVS.
K.K.VINOD
JUBAIRIYA SALIM
RESPONDENTS/STATE/RESPONDENT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT
OF KERALA, ERNAKULAM, PIN - 682031
2 DHANALAKSHMI
AGED 20 YEARS
D/O.MANI, CHENNAARA HOUSE, AZHEEKODU MICHAM
BHOOMI, PIN - 680666
CRL.MC NO. 6282 OF 2024 2 2024:KER:79920
R1 BY SR.PUBLIC PROSECUTOR SRI.RENJIT GEORGE
R2 BY ADV.AFSAL P. BASHEER
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 24.10.2024, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
CRL.MC NO. 6282 OF 2024 3 2024:KER:79920
ORDER
Dated this the 24th day of October, 2024 This Criminal Miscellaneous Case has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash Annexure A1 Final Report in S.C.No.547/2023 on the files of the Fast Track Special Court (PoCSO), Irinjalakuda, now pending as L.P.No.112/2023 on the files of the Sessions Court, Thrissur, arose out of Crime No.227/2021 of Kodungallur police station, Thrissur. The petitioner herein is the accused in the above case.
2. Heard the learned counsel for the petitioner, the learned counsel appearing for the 2 nd respondent and the learned Public Prosecutor. Perused the relevant records.
3. In this matter, the prosecution alleges commission of offences punishable under Section 509 of the Indian Penal Code as well as under Section 12 r/w Section 11(i) of the Protection of Children from Sexual CRL.MC NO. 6282 OF 2024 4 2024:KER:79920 Offences Act, 2012 (for short, 'the PoCSO Act' hereinafter) and under Section 3(1)(w)(ii) and 3 (2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'the SC/ST Act' hereinafter). Now, the matter has been pending as L.P.No.112/2023 before the Sessions Court, Thrissur, since the accused absconded from trial. The prosecution case is that, the accused, who does not belong to either Scheduled Caste or Scheduled Tribe community, subjected the victim, who is a member of Schedule Caste Community of Hindu- Vettuva, to sexual assault, knowing her tribal identity, at about 18 hrs. on 25.1.2021. The specific allegation is that, when the victim reached the bakery run by the accused to make a phone call, the accused lifted his dhoti and shown his penis and also shown sexual overtures by pressing on his penis and dhoti together. That apart, he also showed sexual overtures using his tongue.
4. While pressing for quashment of the proceedings, it is pointed out by the learned counsel for the petitioner that, now, the matter has been settled and the victim filed an affidavit supporting settlement of the CRL.MC NO. 6282 OF 2024 5 2024:KER:79920 matter and quashment of this proceedings, and therefore, acting on the affidavit, this case is liable to be quashed.
5. The learned counsel appearing for the 2 nd respondent/victim also conceded that the matter has been settled and the pendency of the criminal case is an ordeal for the victim.
6. The learned Public Prosecutor strongly opposed quashment of this case on the basis of settlement, where the prosecution allegations are well made out on the submission that, in this matter, apart from the IPC offence, offences under the PoCSO Act as well as the SC/ST Act also involved. In such a serious case, merely acting on the affidavit filed by the victim, quashment cannot be considered
7. The above argument by the learned Public Prosecutor appears to be convincing. Since quashment of serious offence of sexual assault and PoCSO Act offences could not be acted upon merely on the basis of affidavit filed by the victim, in a case where the prosecution records would show prima facie the ingredients to attract the said offences, warranting trial of CRL.MC NO. 6282 OF 2024 6 2024:KER:79920 this matter, this petition is liable to fail.
Accordingly, this Cr.M.C. stands dismissed. The interim order of stay granted by this Court, stands vacated.
Registry is directed to forward a copy of this order to the jurisdictional court, for information and to expedite the trial.
Sd/-
A.BADHARUDEEN JUDGE Bb CRL.MC NO. 6282 OF 2024 7 2024:KER:79920 APPENDIX OF CRL.MC 6282/2024 PETITIONER'S ANNEXURES ANNEXURE A1 CERTIFIED COPY OF FINAL REPORT IN CRIME NO.227 OF 2021 OF KODUNGALLOOR POLICE STATION, THRISSUR ANNEXURE A2 AFFIDAVIT DATED 05.07.2024 SWORN BY THE 2ND RESPONDENT RESPONDENTS' ANNEXURES : NIL