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Synopsis

The Kerala High Court has ruled that serious charges under the Protection of Children from Sexual Offences (POCSO) Act cannot be dismissed merely on the basis of a settlement between the parties. The court, presided over by Justice A. Badharudeen, dismissed the petitioner's request to quash the POCSO case, stating that “quashment cannot be allowed arresting the right of the prosecution to go for trial.”

The petition was filed by the accused under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking to quash the proceedings against him in the trial court. The allegations against him included kidnapping and sexual molestation under Sections 363, 354A(1)(i) of the Indian Penal Code and Sections 7 and 8 of the POCSO Act. According to the First Information Statement (FIS) provided by the victim, aged 17 years, it was reported that the accused initially made contact with her through Instagram. Continuing their interaction, the accused mentioned that he would be returning to the Gulf on 20th September and invited her to meet near the Hospital Bus Stand in Kannur through Instagram. When the victim declined the invitation, the accused pressured her. Subsequently, on 19th September 2023, at around 7:30 AM, the accused took the victim in his car. Despite her resistance, the accused forcibly hugged and kissed her. Later, he took her to a mall. While at the mall, the accused’s friend informed the victim that her mother had been hospitalised after noticing her absence.

The petitioner, represented by Advocate K. Aboobacker Sidheeque, contended that the allegations against him were baseless, asserting that the matter had been amicably settled. The petitioner highlighted that the victim had filed an affidavit on August 8, 2024, confirming the settlement. Additionally, Advocate R. Mahesh Varma, appearing for the victim also supported the petition for quashing, referencing the settlement. However, the Senior Public Prosecutor Renjit George, opposed the quashment, stressing that the gravity of the charges under the POCSO Act necessitates a trial, regardless of the victim's position.

The court noted that while the victim had reached the age of majority and had filed an affidavit expressing her desire for settlement, the nature of the offences under the POCSO Act could not be ignored. “Having considered the factual matrix of this case, merely acting on the affidavit filed by the victim, even though now she has attained majority, serious offences under the POCSO Act cannot be settled,” the court stated.

The court concluded that quashing the proceedings would infringe upon the prosecution's right to trial and the interests of justice. Consequently, the court allowed the trial to proceed, stating that “the quashment sought for is liable to fail and is accordingly dismissed.”

 

Cause Title: Safwan P.N. v State of Kerala [CRL.MC NO. 8810 OF 2024]