Anil Kumar v. State of Kerala & Sabera

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` TUESDAY, THE 12[TH] DAY OF MARCH 2024 / 22ND PHALGUNA, 1945 ``` ``` CRL.MC NO. 1555 OF 2024 ``` ``` CRIME NO.1279/2020 OF POOYAPALLY POLICE STATION, KOLLAM AGAINST THE ORDER DATED IN CC NO.404 OF 2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,KOTTARAKKARA PETITIONER/ACCUSED: ``` ``` ANIL KUMAR AGED 49 YEARS S/O. KRISHNANKUTTY PILLAI, RESIDING AT KRISHNA VILASOM, KHADI BOARD JUNCTION, MEEYANA (PO), VELINALLOOR, POOYAPPALLY, KOLLAM RURAL, PIN - 691537 ``` ``` BY ADVS. H.SUNIL VINOD KUMAR.C ``` ## **`RESPONDENTS/DEFACTO COMPLAINANT:`** ``` 1STATE OF KERALA REP. BY STATION HOUSE OFFICER, POOYAPPALLY POLICE STATION, KOLLAM RURAL REPRESENTED BY PUBIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PIN- 682 011., PIN - 691537 2SABEERA AGED 40 YEARS S/O. MOHAMMED, RESIDING AT PUTHAN VEEDU, THANNEERKUDI, PAYYAKODU MURI, OYOOR, POOYAPPALLY VILLAGE, KOLLAM RURAL, PIN - 691537 BY ADVS. R.O.MUHAMED SHEMEEM NASEEHA BEEGUM P.S. ``` Crl.M.C.No.1555 of 2024 -:2:- ## **`OTHER PRESENT:`** ## **`SR PP SMT NEEMA T V`** ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12.03.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` Crl.M.C.No.1555 of 2024 ## -:3:- Dated this the 12[th] day of March, 2024 ## **O R D E R** The petition is filed under Section 482 of the Code of Criminal Procedure,1973, to quash Annexure-A1 First Information Report [FIR] & Annexure-A2 Final report and all further proceedings in C.C.No.404/2020 of the Judicial First Class Magistrate Court-II, Kottarakkara, Kollam. 2. The petitioner is the sole accused in Crime No.1279/2020 of the Pooyappally Police Station, Kollam, registered against him at the instance of the second respondent, for allegedly committing the offence punishable under Section 354-A of the Indian Penal Code,1860. 3. The crux of the prosecution is that: on 12.05.2020 at around 10.30 hours, the accused lifted the garments and outraged the modesty of the second Crl.M.C.No.1555 of 2024 ## -:4:- respondent. Thus, the accused has committed the above offence. 4. Heard; Sri. H. Sunil., the learned counsel appearing for the petitioner, Smt.Neema .T. V., the learned Senior Public Prosecutor appearing for the first respondent and Sri.R.O.Muhamed Shemeem, the learned counsel appearing for the second respondent. 5. The learned counsel for the petitioner submitted that the subject matter in dispute between the petitioner and the second respondent has been amicably settled out of court, and the second respondent has voluntarily executed Annexure A3 affidavit, stating that she has no objection and in all further proceedings in the above crime being quashed. Hence, the petition may be allowed. 6. The learned Public Prosecutor, on instructions, submitted that the Investigating Officer has Crl.M.C.No.1555 of 2024 ## -:5:- ascertained and reported that the subject matter in dispute between the parties has been settled and the second respondent has voluntarily signed Annexure-A3 affidavit. 7. The learned counsel for the second respondent also submitted that the dispute between the parties has been settled and the second respondent has no subsisting grievance as against the petitioner. The said submission is recorded. 8. The Hon'ble Supreme Court in **Gian Singh vs. State of Punjab** [2012 (10) SCC 303] and **Prabatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and others vs. State of Gujarat and another** [(2017) 9 SCC 641] has held that in the facts and circumstances of a case and to secure the ends of justice, where the High Court is satisfied that an amicable settlement has been arrived at between the parties and the offence is Crl.M.C.No.1555 of 2024 ## -:6:- not serious in nature involving mental depravity, criminal proceedings may be quashed. 9. On a consideration of the facts, the rival submissions made across the Bar, and the materials on record, especially after going through Annexure-A3 affidavit sworn in by the second respondent, which has been found to be genuine and bona fide by the Investigating Officer, I am convinced and satisfied that this is a fit case to exercise the inherent power of this Court, particularly since the alleged offences are not serious in nature, no public interest is involved, the chances of conviction is remote, the continuation of the proceeding would only be wastage of judicial time and the settlement would augur harmony in society. Hence, I am inclined to allow the petition. In the result, the Crl.M.C is allowed by quashing Annexure-A1 First Information Report [FIR] & Crl.M.C.No.1555 of 2024 -:7:- Annexure-A2 Final report in Crime No.1279/2020 of Pooyappally Police Station, Kollam and all further proceedings in C.C.No.404/2020 of the Judicial First Class Magistrate Court- II, Kottarakkara, Kollam, as against the petitioner. The Crl.M.C is ordered accordingly. Sd/- **C.S.DIAS,JUDGE** mtk/12.03.24 Crl.M.C.No.1555 of 2024 ## -:8:- ## **`APPENDIX OF CRL.MC 1555/2024`** ``` PETITIONER ANNEXURES ANNEXURE 1CERTIFIED COPY OF THE FIR IN CRIME NO. 1279 OF 2020, DATED 15.05.2020 WITH FI STATEMENTOFPOOYAPPALLYPOLICE STATION, KOLLAM RURAL ANNEXURE 2CERTIFIED COPY OF CC NO. 404 OF 2020 OF JUDICIAL LST CLASS MAGISTRATE COURT - 11, KOTTARAKKARA, DATED 01.06.2020 ANNEXURE A3ORIGINAL OF AFFIDAVIT EXECUTED BY THE 2ND RESPONDENT ON 13.02.2024 EXPRESSING HER UNCHALLENGING AFFIRMATION NOT TO PROCEED WITH THE ANX-AL AND A2 CASE AGAINST THE PETITIONER ```