Monica K. Johnson v. State of Kerala (Crl.M.C.No.8477/2018 & 4578/2019)

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** ## **Crl.MC.No.8477 of 2018** **CRIME NO.823/2018 OF Ollur Police Station, Thrissur** ## **PETITIONER/S:** **MONICA.K.JOHNSON, AGED 19 YEARS D/O. JOHNSON, KATOOKKARAN HOUSE, KUNNUMKATTUKARA DESOM, PUTHOOR PANCHAYAT, MARATHAKKARA VILLAGE, THRISSUR DISTRICT, NOW RESIDING AT ARIMBOOR HOUSE, FRIENDS NAGAR, NADATHARA P.O, KOZHUKKULLY, THRISSUR DISTRICT,PIN-N 680751.** ## **BY ADV. SRI.M.REVIKRISHNAN** ## **RESPONDENT/S:** |**1**|**STATE OF KERALA**| |---|---| ||**REPRESENTED BY THE PUBLIC PROSECUTOR,**| ||**HIGH COURT OF KERALA, ERNAKULAM,PIN-682031.**| |**2**|**JOHNSON, AGED 45 YEARS, S/O. K.O.GEORGE,**| ||**KATTOOKKARAN HOUSE, KUNNUMKATTUKARA DESOM,**| ||**MARATHAKKARA VILLAGE, OLLUR, THRISSUR**| ||**DISTRICT, NOW RESIDING AT KATTOOKKARAM HOUSE,**| ||**PERINCHERY DESOM , OLLUR VILLAGE,**| ||**THRISSUR TALUK THRISSUR DISTRICT,PIN-680308.**| |**3**|**SAJITHA, AGED 41 YEARS, W/O. JOHNSON,**| ||**RESIDING AT ARIMBOOR HOUSE, FRIENDS NAGAR,**| ||**NADATHARA .O, KOZHUKKULLY,**| ||**THRISSUR DISTRICT,PIN-680751.**| ||**BY ADVS.**| ||**PUBLIC PROSECUTOR**| ||**SRI.PRASUN.S**| ||**SRI.TERRY V.JAMES**| **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12.07.2019, ALONG WITH Crl.MC.4578/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** ::2:: Crl.M.C.No.8477/2018 & 4578/2019 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941** **Crl.MC.No.4578 of 2019** **CRIME NO.823/2016 OF Ollur Police Station , Thrissur** **PETITIONER/S:** **JOHNSON, AGED 45 YEARS, S/O. SRI. K.O. GEORGE, KATTOOKKARAN HOUSE, KUNNAMKATTUKARA DESOM, MARATHAKKARA VILLAGE, OLLUR, THRISSUR, NOW RESIDING AT KATTOOKKARAM HOUSE, PERINCHERY DESOM, OLLUR VILLAGE, THRISSUR-680306.** **BY ADV. SRI.TERRY V.JAMES** ## **RESPONDENT/S:** |**1**|**STATE OF KERALA**| |---|---| ||**REPRESENTED BY THE PUBLIC PROSECUTOR,**| ||**HIGH COURT OF KERALA, ERNAKULAM-682031.**| |**2**|**MONICA K.JOHNSON, AGED 19 YEARS, D/O. JOHNSON,**| ||**KATOOKKARAN HOUSE, KUNNUMKATTUKARA DESOM,**| ||**PUTHOOR PANCHAYAT, MARATHAKKARA VILLAGE,**| ||**THRISSUR DISTRICT, NOW RESIDING AT ARIMBOOR**| ||**HOUSE,FRIENDS NAGAR, NADATHARA P.O,**| ||**KOZHUKKULLY, THRISSUR DISTRICT-680751.**| |**3**|**SAJITHA, AGED 41 YEARS, W/O. JOHNSON, RESIDING**| ||**AT ARIMBOOR HOUSE, FRIENDS NAGAR, NADATHARA P.O,**| ||**KOZHUKKULLY, THRISSUR DISTRICT-680751.**| **BY ADVS. SRI.M.REVIKRISHNAN SRI.PRASUN.S** **OTHER PRESENT: SRI.T.R.RENJITH, PUBLIC PROSECUTOR** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12.07.2019, ALONG WITH Crl.MC.8477/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** ::3:: Crl.M.C.No.8477/2018 & 4578/2019 ## **ALEXANDER THOMAS, J** . ----------------------------Crl.M.C.No.8477/2018 & 4578/2019 --------------------------------Dated this the 12[th] day of July, 2019. ## **O R D E R** Since both the above Criminal Miscellaneous Cases relate to the quashment of the impugned criminal proceedings that has arisen out of the impugned Crime No.823/2018 of Ollur Police Station, these cases are disposed of on the basis of this common order. 2. The petitioner in Crl.M.C.No.4578/2019 has been arrayed as the sole accused in the instant Crime No.823/2018 of Ollur Police Station, which has been registered for offences punishable under Secs.9l, 9n, 10, 11(iv) & 12 of the Protection of Children from Sexual Offences Act, 2012, Secs.354, 509 & 506 of the I.P.C and Sec.77 of the Juvenile Justice Act, on the basis of the FI statement/complaint given by the de facto complainant, who is the petitioner in Crl.M.C.No.8477 of 2018/R-2 in Crl.M.C.No. 4578/2019. The accused in the above crime is the father of the de facto complainant, who was a minor at the time of alleged incident and who has now completed the age of 18 years. ::4:: Crl.M.C.No.8477/2018 & 4578/2019 3. The case projected in Crl.M.C.No.8477/2018 is as follows: The petitioner-de facto complainant, holds a Diploma in Shipping and Logistics from the Centre for Continuing Education, Thrissur and she has successfully completed internship at the International Shipping Bureau, Marine Consultants and Surveyors, Kochi. Her life as well as that of her mother/the 3[rd] respondent herein, both social and otherwise, has now turned into a nightmare consequent to the pendency of Anx-A1 and all proceedings pursuant thereto against the 2[nd] respondent herein/the accused, who is none other than her father and husband of the 3[rd] respondent herein. The petitioner and the 3[rd] respondent herein/her mother are being subjected to unbearable trauma on a regular basis due to the pendency of Anx-A1 and all proceedings pursuant thereto. They are living in a state of total social isolation and being subjected to the unbearable ignominy and disgrace of bearing the label of a victim in an occurrence of the nature mentioned in Anx-A1. They are even forced to stay away from receiving the Holy Mass from their own Church and they apprehend possible excommunication from their own Parish as ::5:: Crl.M.C.No.8477/2018 & 4578/2019 well as the society due to the pendency of Anx-A1. The pendency of Anx-A1 has effectively sealed off all the chances not only of the petitioner marrying a suitable partner and settling down in life but also seriously prejudiced her chances of landing a job despite being qualified. The pendency of Anx-A1, has also effectively sabotaged the chances of a possible reparation and reunion in the family. The future, as far as the petitioner and her mother/the 3[rd] respondent herein are concerned, is very bleak due to the pendency of Anx-A1 and proceedings pursuant thereto. 4. Due to an unfortunate and impulsive step taken without being aware of the serious legal consequences and totally based on misconceptions and misunderstandings, the petitioner is now facing the unenviable predicament of being characterised as the victim/de facto complainant in the aforesaid Anx-A1 Crime No.823 of 2018 of Ollur Police Station which came to be registered against the 2[nd] respondent herein/accused, who is her own father, under Sec. 77 of the Juvenile Justice Act, 2015, Secs.10 r/w 9 (l) (n), 12 r/w with Sec.11 (iv) of the Protection of Children from Sexual Offences Act, 2012 and 354, 506 & 509 of the I.P.C, pursuant to the FI statement tendered by the petitioner on ::6:: Crl.M.C.No.8477/2018 & 4578/2019 08.09.2018 to the WCPO of the Vanitha Police Station, Thrissur. The petitioner had initiated Anx-A1 in consultation with her mother/the 3[rd] respondent herein, in a very unbalanced and immature state of mind presumably disturbed due to the constant quarrels and bickering in the management between the 2[nd] and 3[rd] respondents, who are her father and mother respectively. That nobody was there to guide her as well as her mother of the serious legal consequences which would ensue pursuant to Anx-A1, further aggravated the situation. 5. Anx-A1, in short alleges that the 2[nd] respondentaccused had behaved indecently towards the petitioner years ago once while she was studying in her eighth standard, and repeated the same conduct again after the completion of her plus two course and again on 07.09.2018 at night under the influence of alcohol by talking to her in abusive language thereby committing the offences alleged against him. 6. Now the entire disputes between all parties concerned have been settled amicably out of Court and all the misconceptions and misunderstandings between all parties concerned which led to the initiation of Anx-A1 have been cleared once and for all. Anx-A2 ::7:: Crl.M.C.No.8477/2018 & 4578/2019 and Anx-A3 affidavits sworn by the petitioner and the 3[rd] respondent/the mother of the petitioner respectively would categorically show that Anx-A1 was initiated based on a misconception and misunderstanding and that the pendency of the same is seriously prejudicing both the petitioner and the 3[rd] respondent/her mother. The pendency of Anx-A1 and all proceedings pursuant thereto are subjecting the petitioner and her mother/the 3[rd] respondent to serious and irreparable injuries and hardships including the loss of peace of mind and deprivation of a decent life as also adversely affecting her chances of getting employment, marrying a suitable partner and settling down in life. If Anx-A1 and all proceedings pursuant thereto as against the 2[nd] respondent are not quashed, all the chances of the petitioner leading a normal decent life would be rendered next to nil. In such dire circumstances, it would be nothing but a travesty of justice if Anx-A1 and all proceedings pursuant thereto as against 2[nd] respondent are not quashed and the petitioner and her mother/the 3[rd] respondent herein are not afforded an opportunity to lead a decent, normal life both socially and otherwise. It is in ::8:: Crl.M.C.No.8477/2018 & 4578/2019 the light of these averments and contentions that the petitioner has filed Crl.M.C.No.8477/2018 with the following prayer: _“................. to allow this Criminal Miscellaneous Case and to quash Annexure A1 First Information Report in Crime No.823 of 2018 of Ollur Police Station and all proceedings pursuant thereto as against the second respondent herein, so as to secure the ends of justice.”_ 7. The case projected in Crl.M.C.No.4578/2019 is as follows: The Petitioner is the sole accused in the impugned Anx-A1 FIR in Crime No.823/2018 of Ollur Police Station, which has been registered for offences punishable under Sec.77 of the Juvenile Justice Act, r/w Secs.9 (l) (n), 10, 12 read with 11 (iv) of the Protection of Children from Sexual Offences Act, 2012 and Secs.354, 506 & 509, of the Indian Penal Code pursuant to a belated FI statement tendered by the 2[nd] respondent/victim, who is his daughter, on 08.09.2018 to the WCPO of the Vanitha Police Station, Thrissur. The prosecution allegation in short is that while the 2[nd] respondent was studying in her eighth standard, one day at their rented house, the petitioner-accused hugged her from behind and touched her breasts and had allegedly poured beer into her mouth and threatened her that he would kill her mother if she disclosed this to anyone. It is also alleged that after the completion ::9:: Crl.M.C.No.8477/2018 & 4578/2019 of her plus two course one day at the house of the younger sister of her mother, the petitioner had forced the 2[nd] respondent to lie on a diwan and touched her breasts and the petitioner had invited her to his bedroom forcing her to lie on the bed and touching her breasts and stomach with his hands and her ears with his face. That on 07.09.2018 at night under the influence of alcohol talked to her in abusive language and thereby committing the offences alleged. 8. The 2[nd] respondent had initiated Anx-A1 in consultation with her mother/the 3[rd] respondent herein in a very unbalanced and immature state of mind disturbed due to the constant quarrels and bickering in the family. There was nobody to guide the 2[nd] and 3[rd] respondents of the serious legal consequences of Anx-A1 and that they were not made aware of the legal effects of Anx-A1. The life of parties have now turned into a nightmare due to the pendency of Anx-A1. The parties are being subjected to unbearable trauma on a regular basis and they are living in a state of total social isolation and being subjected to the unbearable humiliation. They are even forced to stay away from receiving the Holy Mass from their own Church and they apprehend possible ::10:: Crl.M.C.No.8477/2018 & 4578/2019 excommunication from their own Parish as well as the society. The pendency of Anx-A1 has effectively sealed off all the chances not only of the 2[nd] respondent marrying a suitable partner and settling down in life but also seriously prejudiced her chances of obtaining a job despite being qualified. The pendency of Anx-A1, has also effectively sabotaged the chances of a possible reparation and reunion in the family. 9. It is now submitted that the disputes between the parties have been settled and evident from Anxs-A2 & A3 affidavits sworn to by the 2[nd] and 3[rd] respondents and that Anx-A1 was initiated based on a misconception and misunderstanding and that the pendency of the same is seriously prejudicing both the 2[nd] and 3[rd] respondents. The 2[nd] respondent has already approached this Honourable Court by filing Crl.M.C.No.8477/2018 seeking to quash Anx-A1 and the said case is pending consideration of this Honourable Court. 10. On the basis of the above averments, it is contended that since the issues have been settled between the parties as evident by Anxs-A2 & A3 affidavits, there is no point in continuing the impugned criminal proceedings. It is in the light of these ::11:: Crl.M.C.No.8477/2018 & 4578/2019 averments and contentions that the petitioner has filed Crl.M.C.No.4578/2019 with the following prayers: _“.............. to allow this Criminal Miscellaneous Case and quash Annexure A1 First Information Report in Crime No.823 of 2018 of Ollur Police Station and all proceedings pursuant thereto as against the Petitioner herein, so as to secure the ends of justice.”_ 11. Heard Sri.M.Revikrishnan, learned counsel for the petitioner in Crl.M.C.No.8477/2018 (who is also appearing for the 2[nd] respondent in Crl.M.C.No.4578/2019), Sri.T.R.Renjith, learned Prosecutor appearing for the respondent-State of Kerala, Sri.Terry.V.James, learned counsel for the petitioner in Crl.M.C.No.4578/2019 (who is also appearing for the 2[nd] respondent in Crl.M.C.No.8477/2018) and Sri.S.Prasun, learned counsel appearing for the 3[rd] respondent in both these cases. 12. It is now submitted by the learned Advocates appearing for the accused as well as the learned Advocates appearing for the de facto complainant that no allegations of penetrative sexual assault are involved in this case and that the impugned criminal proceedings have arisen on account of the misunderstanding, and the parties have now arrived at a settlement and that the de facto complainant, who was a minor at the time of the alleged incidents as well as her mother do not in any manner wish to proceed with ::12:: Crl.M.C.No.8477/2018 & 4578/2019 the impugned criminal proceedings. Further, the learned Advocates appearing for the de facto complainant and her mother would point out that it is more better in the interest and welfare of the de facto complainant, who has now already attained the majority age of 18 years quite sometime back, to terminate the criminal proceedings as it stands in the way of harmonious and peaceful future of the life of the de facto complainant, who is a young lady and that she has lot of delicacies in facing the people of the locality due to abovesaid criminal proceedings and that for her betterment and welfare, it is highly necessary that the impugned criminal proceedings are quashed. 13. This Court had directed the learned Prosecutor to get instructions from the Investigating Officer concerned as to whether the abovesaid settlement has been genuinely and voluntarily arrived at between the mother and the de facto complainant with the accused. The learned Prosecutor has now submitted that the Investigating Officer on his enquiry revealed that the said settlement appears to be genuine and that he has taken the statement of the de facto complainant and her mother wherein they have stated that the settlement has been voluntarily arrived at ::13:: Crl.M.C.No.8477/2018 & 4578/2019 by them and that thus they have stated that it is in the betterment and welfare of the de facto complainant they have prayed for termination of the impugned criminal proceedings, since it appears that the spouses were having a lot of disputes and the de facto complainant is the daughter of the accused. This Court has already held in cases as in _**Ayshath Muneera Hameed T.M. v. Chikkilodancheriya Kooveri Davvod & Anr**_ ., reported in 2017 (2) KHC 799 that in appropriate cases even the de facto complainant will have the locus to seek the quashment of the impugned criminal proceedings on the ground of settlement. Now that the rival parties are, father on the one hand and daughter and mother on the other hand and that now they have settled the disputes and the de facto complainant daughter and her mother would fervently urge that it is in the interest and welfare of the de facto complainant that the impugned criminal proceedings could be quashed. The said plea for quashment on the ground of settlement could be quashed as there is no allegation of penetrative sexual assault. 14. In a catena of decisions, the Apex Court has held that, in appropriate cases involving even non-compoundable offences, ::14:: Crl.M.C.No.8477/2018 & 4578/2019 the High Court can quash prosecution by exercise of the powers under Sec.482 of the Cr.P.C., if the parties have really settled the whole dispute or if the continuance of the prosecution will not serve any purpose. Here, this Court finds a real case of settlement between the parties and it is also found that continuance of the prosecution in such a situation will not serve any purpose other than wasting the precious time of the court, when the case ultimately comes before the court. On a perusal of the petition and on a close scrutiny of the investigation materials on record and the affidavits of settlement and taking into account the attendant facts and circumstances of this case, this Court is of the considered opinion that the legal principles laid down by the Apex Court in the cases as in _**Gian Singh** v._ _**State of Punjab**_ reported in 2013 (1) SCC (Cri) 160 = (2012) 10 SCC 303 and _**Narinder Singh and others v. State of Punjab and anr**_ . reported in (2014) 6 SCC 466, more particularly paragraph 29 thereof, could be applied in this case to consider the prayer for quashment. 15. Accordingly, it is ordered that the impugned Crime No.823/2018 of Ollur Police station, Thrissur District and all further proceedings arising therefrom as against the accused therein will stand quashed. ::15:: Crl.M.C.No.8477/2018 & 4578/2019 The petitioners in both cases will produce a certified copy of the order before the Investigating Officer concerned and the Judicial First Class Magistrate Court-III, Thrissur for necessary information. The Office of the Advocate General will also produce a certified copy of this order before the Investigating Officer for necessary information. With these observations and directions, the above Crl.M.Cs will stand disposed of. **Sd/ALEXANDER THOMAS, Judge.** bkn/- ::16:: Crl.M.C.No.8477/2018 & 4578/2019 ## **APPENDIX OF Crl.MC 8477/2018** **PETITIONER'S/S EXHIBITS:** **ANNEXURE A1 THE PHOTO COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.823 OF 2018 OF OLLUR POLICE STATION.** **ANNEXURE A2 THE AFFIDAVIT DATED 7.12.2018 SWORN BY THE PETITIONER HEREIN. ANNEXURE A3 THE AFFIDAVIT DATED 7.12.2018 SWORN BY THE 3RD RESPONDENT HEREIN.** ::17:: Crl.M.C.No.8477/2018 & 4578/2019 ## **APPENDIX OF Crl.MC 4578/2019** **PETITIONER'S/S EXHIBITS:** **ANNEXURE A1 THE PHOTO COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.823 OF 2018 OF OLLUR POLICE STATION.** **ANNEXURE A2 THE AFFIDAVIT DATED 27.06.2019 SWORN BY THE 2ND RESPONDENT. ANNEXURE A3 THE AFFIDAVIT DATED 27.06.2019 SWORN BY THE 3RD RESPONDENT.**