Crl.MC Nos. 4268 of 2020 (C) & connected matters; 3478 of 2020 (D); 4465 of 2020 (G); 4492 of 2020 (B) v. State of Kerala

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: P. V. Kunhikrishnan
Judgment Date: 2020-10-20
Court Decision / Holding: The petitions are dismissed. The court held that the offences alleged include Section 376 IPC and that quashing is not permissible merely because the victim has settled the matter and submitted affidavits. The four petitions (Crl.M.C. 4268/2020; 3478/2020; 4465/2020; 4492/2020) were disposed of by a common order, with the judge concluding that it is not in the interests of justice to quash prosecutions arising from alleged rapes.
Final Disposition: Dismissed

Parties to the Case

Appellants / Petitioners

Sayyad Muhammed Basheer
Sayyad Hudaifa
Sayyad Muhammed Iyeas
Sayyad Muhammed Salish

Respondents

State of Kerala represented by Public Prosecutor, High Court of Kerala, Kochi-31
XXX (Victim)

Legal Representation & Advocates

Counsels for Petitioners

• Govindu P. Renukadevi
• T. B. Shajimon

Counsels for Respondents

• Amjad Ali, Sr. PP
• Sojan G. Kunnel

Case Synopsis & Summary

This is a consolidated order of four criminal miscellaneous petitions filed by accused persons in four different cases (Crl.M.C. 4268/2020(C); 3478/2020(D); 4465/2020(G); 4492/2020(B)) arising from Manjeswar Police Station, Kasaragod, each involving an allegation of offences under the Indian Penal Code, including Section 376 (rape), and in one case connected to the POCSO setting. The petitions sought quashing of proceedings on the ground that the victim, who is the same in all four cases, has grown into adulthood and that the disputes have been settled out of court, given that the petitioner in one case is 18 years old. The State opposed, arguing that once a charge under Section 376 IPC is involved, proceedings cannot be quashed even if settlements or affidavits are produced, citing Sebastian@Solly v. State of Kerala (2015) and Parbatbhai Aahir v. State of Gujarat (2017) to controvert quashing in rape cases. After hearing both sides, the learned Judge held that the offences include Section 376 IPC and that settlement cannot justify quashing of proceedings in such cases. Consequently, all four Crl.MCs were dismissed and the cases will proceed. The order is by Single Judge Justice P.V. Kunhikrishnan on 20 October 2020.

Provisions of Law Cited

Section 376 IPCPOCSO Act

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners argued that the victim, now major, and the disputes are settled out of court; since the victim is a close relative, and the petitioner in one case is 18, they claim there is no remaining offence to prosecute and urge quashing of the proceedings. They contend that if the facts are accepted, no offence is made out.

Contentions of Respondents

The State submitted that even if there is a settlement, offences under Section 376 IPC cannot be quashed; relied on precedents Sebastian@Solly v. State of Kerala and Parbatbhai Aahir to contend that rape cases cannot be disposed of by quashing merely on the basis of settlements.

Cited Precedents (2)

Case Name	Citation	Treatment	Explanation
Sebastian@ Solly v. State of Kerala and another	2015 (1) KLJ 384	Positive	The court relied on this precedent to support the proposition that settlements cannot quash a rape case under Sec. 376 IPC.
Parbatbhai Aahir alias Parbatbhai Bhimsinhbhai Kumar and others v. State of Gujarat and another	2017 (9) SCC 641	Positive	The Supreme Court held that offences under 376 IPC cannot be quashed by compromise, a principle applied by the Kerala High Court in this case.

Extracted Judgment Text

Exact text extracted from official judgment records.

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **TUESDAY, THE 20TH DAY OF OCTOBER 2020 / 28TH ASWINA, 1942** ## **Crl.MC.No.4268 OF 2020(C)** **CRIME NO.154/2019 OF Manjeswar Police Station , Kasargod** ## **PETITIONER/ACCUSED:** **SAYYAD MUHAMMED BASHEER AGED 33 YEARS S/O.POOKUNJI THANGAL, BYTHUR RAHMA, KGM CROSS ROAD, MANJESHEARAM, MANJESWAR, KASARAGOD.** **BY ADV. SMT.GOVINDU P.RENUKADEVI** ## **RESPONDENTS/COMPALINANT:** **1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, COCHIN - 31. 2 XXX VICTIM XX** **R1 BY SRI.AMJAD ALI, SR.PP.** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20.10.2020, ALONG WITH Crl.MC.3478/2020(D), Crl.MC.4465/2020(G), Crl.MC.4492/2020(B), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** Crl.MC.No.4268 OF 2020(C) & Con.cases 2 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **TUESDAY, THE 20TH DAY OF OCTOBER 2020 / 28TH ASWINA, 1942** ## **Crl.MC.No.3478 OF 2020(D)** **AGAINST THE ORDER/JUDGMENT IN SC 97/2020 OF SPECIAL COURT UNDER POCSO ACT, KASARAGOD** **CRIME NO.153/2019 OF Manjeswar Police Station, Kasargod** ## **PETITIONER/ACCUSED:** **SAYYAD HUDAIFA AGED 33 YEARS S/O.KUNHIKOYA, THANGAL MANZIL, HIDAYATH BAZAR, UPPALA, UPPALA VILLAGE, KASARAGOD.** **BY ADV. SRI.T.B.SHAJIMON** ## **RESPONDENTS/COMPLAINANT:** **1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, COCHIN - 31. 2 XXX (VICTIM) XXX** **R2 BY ADV. SRI.SOJAN.G.KUNNEL** ## **R2 BY SRI.AMJAD ALI, SR.PP** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20.10.2020, ALONG WITH Crl.MC.4268/2020(C), Crl.MC.4465/2020(G), Crl.MC.4492/2020(B), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** Crl.MC.No.4268 OF 2020(C) & Con.cases 3 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 20TH DAY OF OCTOBER 2020 / 28TH ASWINA, 1942** **Crl.MC.No.4465 OF 2020(G)** **CRIME NO.155/2019 OF Manjeswar Police Station , Kasargod** ## **PETITIONER/ACCUSED:** **SAYYAD MUHAMMED IYEAS AGED 33 YEARS S/O. SAYYED IQBAL K, MOULANA COTTAGE, K.G.M. CROSS ROAD, MANJESHEARAM, MANJESWAR, KASARAGOD.** **BY ADV. SRI.T.B.SHAJIMON** ## **RESPONDENTS/COMPLAINANT** **1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, COCHIN-31. 2 VICTIM XXX** **R2 BY ADV. SOJAN.G.KUNNEL** ## **R1 BY PUBLIC PROSECUTOR** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20.10.2020, ALONG WITH Crl.MC.3478/2020(D), Crl.MC.4268/2020(C), Crl.MC.4492/2020(B), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** Crl.MC.No.4268 OF 2020(C) & Con.cases 4 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **TUESDAY, THE 20TH DAY OF OCTOBER 2020 / 28TH ASWINA, 1942** **Crl.MC.No.4492 OF 2020(B)** **AGAINST THE ORDER/JUDGMENT IN CC 20/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,KASARAGOD** **CRIME NO.156/2019 OF Manjeswar Police Station , Kasargod** ## **PETITIONER/ACCUSED:** **SAYYAD MUHAMMED SALISH AGED 18 YEARS S/O.SAYYED IKBAL, MOULANA COTTAGE, K.G.M. CROSS ROAD, MANJESHEARAM, MANJESWAR, KASARAGOD.** **BY ADV. SRI.T.B.SHAJIMON** ## **RESPONDENTS/COMPLAINANT:** **1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, COCHIN-31. 2 XXX (VICTIM) XXX R2 BY ADV. SOJAN.G.KUNNEL R1 BY PUBLIC PROSECUTOR** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20.10.2020, ALONG WITH Crl.MC.3478/2020(D), Crl.MC.4268/2020(C), Crl.MC.4465/2020(G), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** Crl.MC.No.4268 OF 2020(C) & Con.cases 5 ## **ORDER** **[Crl.MC.4268/2020, Crl.MC.3478/2020, Crl.MC.4465/2020, Crl.MC.4492/2020 ]** **Dated this the 20th day of October 2020** The petitioners in these cases are accused in four criminal cases. In all these cases, the victim is one and the same. The offences alleged against the petitioners in these cases are _inter alia_ under Section 376 of the IPC. Hence, I am disposing these cases by a common order. The victim was aged only 17 years at the time of the alleged occurrence in these cases. 2. When these matters came up for consideration, the learned counsel for the petitioners submitted that the victim in these cases is now major and the entire disputes are settled out of Court. According to the counsel, the victim is a close relative of the petitioners. The counsel Crl.MC.No.4268 OF 2020(C) & Con.cases 6 submitted that the petitioner in Crl.M.C.No.4492/2020 is a youngster aged 18. The prosecution case is that, he committed rape on the minor girl when he was also minor. The counsel submitted even if the entire allegations against the petitioners in these Crl.M.Cs are accepted, no offence is made out. 3. The learned Public Prosecutor opposed these petitions. The Public Prosecutor submitted that the offences alleged against the petitioners in these cases includes offences under Section 376 of IPC. The Public Prosecutor relied the judgment of the Apex Court reported in _**Sebastian@ Solly v. State of Kerala and another [2015 (1) KLJ 384]**_ and _**Parbatbhai Aahir alias Parbatbhai Bhimsinhbhai Kumar and others v. State of Gujarat and another [2017 (9) SCC 641]**_ . 4. The learned Public Prosecutor Crl.MC.No.4268 OF 2020(C) & Con.cases 7 submitted that, if there is offence under Section 376 of IPC is alleged, the proceedings cannot be quashed even if the matter is settled. 5. After hearing both sides, I think these petitions cannot be allowed. The offences alleged against the petitioners includes an offence under Section 376 of IPC. Simply because the matter is settled and the victim filed an affidavit, to that effect, this Court cannot quash the proceedings. Allegations of rape is alleged in the final report. Under such situation, I am not in a position to accept the contentions of the petitioners. In the result, the Crl.M.Cs are dismissed. ## **Sd/-** ## **P.V.KUNHIKRISHNAN** ## **Sn** ## **JUDGE** Crl.MC.No.4268 OF 2020(C) & Con.cases 8 ## **APPENDIX OF Crl.MC 4268/2020** **PETITIONER'S/S EXHIBITS: ANNEXURE A1 THE CERTIFIED COPY OF THE FINAL REPORT. ANNEXURE A2 AFFIDAVIT (ORIGINAL) RESPONDENT'S/S EXHIBITS: NIL** Crl.MC.No.4268 OF 2020(C) & Con.cases 9 ## **APPENDIX OF Crl.MC 3478/2020** **PETITIONER'S/S EXHIBITS: ANNEXURE A1 THE COPY OF THE FINAL REPORT. ANNEXURE A2 THE COPY OF THE AFFIDAVIT.** **RESPONDENT'S/S EXHIBITS: NIL** Crl.MC.No.4268 OF 2020(C) & Con.cases 10 ## **APPENDIX OF Crl.MC 4465/2020** ## **PETITIONER'S/S EXHIBITS:** **ANNEXURE A1 THE COPY OF THE FIR IN CRIME NO. 155/19 MANJESWAR POLICE STATION ANNEXURE A2 2ND RESPONDENTS AFFIDAVIT.** **RESPONDENT'S/S EXHIBITS: NIL** Crl.MC.No.4268 OF 2020(C) & Con.cases 11 ## **APPENDIX OF Crl.MC 4492/2020** **PETITIONER'S/S EXHIBITS: ANNEXURE A1 CERTIFIED COPY OF THE FINAL REPORT. ANNEXURE A2 AFFIDAVIT.** **RESPONDENT'S/S EXHIBITS: NIL** ## **Sn** **//TRUE COPY// PA TO JUDGE**