Farshad v. State of Kerala

``` 2025:KER:30500 ``` **==> picture [57 x 58] intentionally omitted <==** ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN ``` ``` TUESDAY, THE 8[TH] DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 ``` ``` CRL.MC NO. 2521 OF 2024 ``` ``` CRIME NO.953/2023 OF MANJERI POLICE STATION, MALAPPURAM ``` ``` IN SC NO.1119 OF 2023 OF FAST TRACK SPECIAL COURT II, MANJERI ``` ## **`PETITIONER/SOLE ACCUSED:`** ``` 1FARSHAD AGED 23 YEARS S/O MUHAMMED, SRAMABAKAL HOUSE, KARUVAMBURAM PO, MANGALASERRY, PIN - 676121 ``` ``` BY ADVS. SIDHARTH O. SUSANTH SHAJI ALBIN A. JOSEPH ``` ## **`RESPONDENTS/STATE/INVESTIGATING OFFICER/DEFACTO COMPLAINANT:`** |**`1`**|**`STATE OF KERALA`**| |---|---| ||**`REPRESENTED BY PUBLIC PROSECUTOR,`**| ||**`HIGH COURT OF KERALA, PIN - 682031`**| |**`2`**|**`STATION HOUSE OFFICER, MANJERI POLICE STATION`**| ||**`MANJERI POLICE STATION, KACHERIPADI, MANJERI,`**| ||**`MALAPPURAM, PIN - 676121`**| |**`3`**|**`INSPECTOR OF POLICE, MANJERI POLICE STATION`**| ||**`MANJERI POLICE STATION, KACHERIPADI, MANJERI,`**| ||**`MALAPPURAM, KERALA, PIN - 676121`**| |**`4`**|**`XXXXXXXXXX`**| ||**`XXXXXXXXXX XXXXXXXXXX`**| ``` Crl.M.C.No.2521 of 2024 ``` ``` 2025:KER:30500 ``` **==> picture [58 x 58] intentionally omitted <==** - 2 - ``` BY ADVS. SRI.SANAL RAJ. P. SRI. MUHAMMED MISBAHU K. FOR R4 ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08.04.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` ``` Crl.M.C.No.2521 of 2024 ``` ``` 2025:KER:30500 ``` - 3 - **==> picture [58 x 58] intentionally omitted <==** ## **`C. JAYACHANDRAN, J. -----------------------------------Crl.M.C.No.2521 of 2024 ------------------------------------`** _`Dated, this the 08[th] day of April, 2025`_ ## **`ORDER`** ``` The petitioner herein is the sole accused in Crime No.953/2023 of Manjeri Police Station, Malappuram now pending as S.C. No.1119/2023 before the Fast Track Special Court-II, Manjeri. The offences alleged are under Sections 366, 376, 354, 354A(1)(i), 354D and 506 of the Penal Code and also under Section 4 r/w Section 3(a), Section 8 r/w Section 7, Section 12 r/w Section 11(iv) and (v) of the POCSO Act. The petitioner seeks quashment of Annexure-A1 F.I.R., Annexure-A2 final report and all further proceedings in the Sessions Case afore referred on the strength of the settlement arrived at by and between the petitioner/accused and the defacto complainant/victim. ``` ``` 2.Theprosecutionwouldallegethatthe ``` ``` petitioner/accused, with the necessary animus, have followed the victim, a minor girl, through mobile phone ``` ``` Crl.M.C.No.2521 of 2024 ``` ``` 2025:KER:30500 ``` **==> picture [58 x 58] intentionally omitted <==** - 4 - ``` continuously and committed sexual assault and penetrative sexual assault on the victim on 05.08.2023 inside the car of the petitioner, besides threatening her that her nude videos will be aired in the social media, if the incident is revealed to anybody, thus committing the offences enumerated above. ``` ``` 3.Heard the learned Counsel for the petitioner and the learned Public Prosecutor. Perused the records. ``` ``` 4.As already indicated, quashment is sought for on the strength of the settlement arrived at by and between the petitioner and the defacto complainant. Along with the Crl.M.C, the petitioner had produced Annexure-A5 affidavit of the victim, who had attained majority at that time. Besides, the statement of the defacto complainant was taken through the Investigating Officer, as directed by this Court when this Crl.M.C. was moved. ``` ``` 5.InAnnexure-A5affidavit,thedefacto ``` ``` complainant/victim would state that she was in a romantic relationship with the petitioner/accused and that, they have decided to marry, once they attain the legal age. ``` ``` Crl.M.C.No.2521 of 2024 ``` ``` 2025:KER:30500 ``` **==> picture [58 x 58] intentionally omitted <==** - 5 - ``` However, the family and relatives of the defacto complainant were against her relationship with the accused due to the disparity in the financial position. According to the defacto complainant, she was forced to give an F.I.S. to the police by the family members and that she gave the same out of fear. The defacto complainant would swear in the affidavit that no such act, as alleged, was committed by the petitioner/accused. The defacto complainant attained majority on 16.01.2024 and she left her parental home on 27.02.2024 and got married to the petitioner/accused on the same day, at Edakuni Juma Masjid, Kalpatta as per Islamic rituals. The defacto complainant would hasten to add that they are presently leading a happy married life together. To the same effect is the contents of the statement recorded by the Investigating Officer, wherein she would reiterate the marriage with the petitioner/accused on 27.02.2024. She would state that her marriage was registered in the Manjeri Muncipality. The defacto complainant would state that she is presently residing in her husband’s house and that she has no objection, whatsoever, in quashing the above Crl.M.C. ``` ``` Crl.M.C.No.2521 of 2024 ``` ``` 2025:KER:30500 ``` **==> picture [58 x 58] intentionally omitted <==** - 6 - ``` against the petitioner/accused. ``` ``` 6.The certificate of marriage between the petitioner and the defacto complainant issued by the Local Self Government Department, Manjeri Municipality is produced at Annexure- A6. ``` ``` 6.These factual aspects are not opposed by the learned Public Prosecutor. ``` ``` 7.Now, the question is whether the crime and all further proceedings thereto is liable to be quashed acting upon the settlement between the parties. ``` ``` 8.This Court considered the legal issue in this regard in a Common Order dated 02.04.2025 in Crl.M.C. nos.6880 of 2022 and 7427 of 2024, after referring to the judgments of the Supreme Court and as also the views of the various High Courts of the Country on the point, including the view of this Court in Vishnu v. State of Kerala [2023 (3) KLT 754]. It is concluded in that Common Order that the quashment of the crime sought for can be allowed, dehors the offences under the POSCO Act, in cases were the relationship between ``` ``` Crl.M.C.No.2521 of 2024 ``` ``` 2025:KER:30500 ``` **==> picture [58 x 58] intentionally omitted <==** **==> picture [24 x 8] intentionally omitted <==** ``` the petitioner/accused and the defacto complainant/victim had culminated in their marriage. The reasons which weighed with this Court for doing so are delineated in paragraph no.26 of that Common Order. For the sake of brevity, the same are not repeated. ``` ``` In the circumstances, the instant Crl.M.C. is allowed and all further proceedings in Crime no.953/2023, now pending as S.C. no.1119/2023 before the Fast Track Special Court-II, Manjeri, will stand quashed. ``` ## **`Sd/-`** ## **`C. JAYACHANDRAN`** ## **`JUDGE`** ``` SKP/08-04 ``` ``` Crl.M.C.No.2521 of 2024 ``` ``` 2025:KER:30500 ``` - 8 - **==> picture [58 x 58] intentionally omitted <==** ## **`APPENDIX OF CRL.M.C 2521/2024`** ``` PETITIONER'S ANNEXURES: ANNEXURE A1TRUE PHOTOSTAT COPY OF THE FIR IN CRIME NO.953/2023 ON THE FILES OF THE MANJERI POLICE STATION. ``` ``` ANNEXURE A2TRUE PHOTOSTAT COPY OF THE FINAL REPORT IN CRIME NO.953/2023 ON THE FILES OF MANJERI POLICE STATION. ``` ``` ANNEXURE A3TRUE PHOTOSTAT COPY OF THE CERTIFICATE OF MARRIAGE ISSUED BY THE KHATEEB OF EDAKUNI JUMA MASJID, KALPETTA. ``` ``` ANNEXURE A4TRUE PHOTOSTAT COPY OF THE STATEMENT OF THE 4TH RESPONDENT RECORDED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, MANJERI DATED 28.02.2024. ``` ``` ANNEXURE A5THE ORIGINAL OF THE CONSENT AFFIDAVIT SIGNED BY THE 4TH RESPONDENT DATED 10.03.2024. ``` ``` ANNEXURE A6CERTIFICATE OF MARRIAGE ISSUED BY THE DEPARTMENT OF LOCAL SELF GOVERNMENT (GOVERNMENT OF KERALA) ``` ``` ANNEXURE A7MARRIAGE CERTIFICATE ISSUED BY THE SECRETARY, THANBEEHUL MUSLIMEEN COMMITTEE DATED 25.03.2024. ``` ``` RESPONDENTS' ANNEXURES: NIL ``` ``` TRUE COPY ``` ``` P.A. TO JUDGE ```