Crl.M.C.Nos.6053 & 6080 of 2022 1 2025:KER:29185 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 CRL.MC NO. 6053 OF 2022 CRIME NO.0059/2022 OF Feroke Police Station, Kozhikode IN SC NO.509 OF 2022 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT (FOR THE TRIAL OF ATROCITIES & SEXUAL VIOLENCE AGAINST WOMEN & CHILDREN), KOZHIKODE PETITIONER/ACCUSED: XXXXXXXXXX BY ADV DIVYA B.NAIR RESPONDENTS/STATE & DEFACTO COMPLAINANT: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HON'BLE HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 SUB INSPECTOR OF POLICE, FEROKE POLICE STATION, KOZHIKODE CITY, KOZHIKODE DISTRICT, PIN - 689648 3 XXXXXXXXXX BY ADV NAVANEETH D.PAI SRI.SAJJU S., SR. PP THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 04.04.2025, ALONG WITH Crl.MC.6080/2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C.Nos.6053 & 6080 of 2022 2 2025:KER:29185 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 CRL.MC NO. 6080 OF 2022 CRIME NO.0058/2022 OF Feroke Police Station, Kozhikode IN SC NO.508 OF 2022 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT (FOR THE TRIAL OF ATROCITIES & SEXUAL VIOLENCE AGAINST WOMEN & CHILDREN), KOZHIKODE PETITIONER/ACCUSED: XXXXXXXXXX BY ADV DIVYA B.NAIR RESPONDENTS/STATE AND DEFACTO COMPLAINANT: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR , HON'BLE HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 SUB INSPECTOR OF POLICE. FEROKE POLICE STATION, KOZHIKODE CITY, KOZHIKODE DISTRICT, PIN - 689648 3 XXXXXXXXXX BY ADV NAVANEETH D.PAI SRI. SAJJU S., SR. PP THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 04.04.2025, ALONG WITH Crl.MC.6053/2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C.Nos.6053 & 6080 of 2022 3 2025:KER:29185 ORDER These Crl.M.Cs. have been preferred to quash all further proceedings pursuant to Annexure A1 FIR in Crime Nos.59/2022 and 58/2022 of Feroke Police Station, Kozhikode District on the ground of settlement between the parties. 2. The petitioner is the sole accused. The 3rd respondent is the defacto complainant. 3. The offences alleged against the petitioner are punishable under Section 10 read with Sections 9(l), 9(m) and 9(n) of the Protection of Children from Sexual Offences Act, 2012. 4. The 3rd respondent entered appearance through counsel. Affidavits sworn in by the 3rd respondent are also produced. 5. I have heard Smt.Divya B. Nair, the learned counsel for the petitioner, Sri.Navaneeth D. Pai, the learned counsel for the 3rd respondent and Sri.Sajju S., the learned Senior Public Prosecutor. 6. The averments in the petitions as well as the affidavits sworn in by the 3rd respondent would show that the entire dispute between the parties has been amicably settled Crl.M.C.Nos.6053 & 6080 of 2022 4 2025:KER:29185 and the de facto complainant has decided not to proceed with the criminal proceedings further. The learned Prosecutor, on instruction, submits that the matter was enquired into through the investigating officer and a statement of the de facto complainant was also recorded wherein she reported that the matter was amicably settled. 7. In the affidavits filed by the defacto complainant who is the mother of the victim, she has asserted that the matter has been settled between the parties considering the relationship and other circumstances and she or the victim do not intend to proceed with the matter further and they have no surviving grievance against the petitioner. That apart, it is submitted that it was only due to the misunderstanding of the 3rd respondent, the complaint was filed. Further, from the entire facts and circumstances of the case, it appears that the closure of the criminal proceedings would only promote the well being of the victim. Hence, the prospects of an ultimate conviction are bleak. Having considered all these aspects, I am of the view that this is a case where the jurisdiction vested with this Court under Section 482 of Cr.P.C. could be invoked to quash the proceedings. When such type of cases came up for quashing on the ground of settlement, it was held that if Crl.M.C.Nos.6053 & 6080 of 2022 5 2025:KER:29185 the Court on perusal of the statement of the victim, the materials collected during the investigation as well as the affidavit of the victim, finds that if the settlement is in the best interest of the victim, there is no point in allowing such redundant criminal proceedings to continue [See. Vishnu v. State of Kerala (2023 (3) KLT 754)]. For the reasons stated above, I am of the view that no purpose will be served in proceeding with the matter any further. Accordingly, these Crl.M.Cs. are allowed. All further proceedings pursuant to Annexure A1 FIR in Crime Nos.59/2022 and 58/2022 of Feroke Police Station, Kozhikode District hereby stand quashed. Sd/- DR. KAUSER EDAPPAGATH JUDGE kp