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Judgments of Supreme Court of India and High Courts

Adam Chenangadath vs State Of Kerala on 9 October, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

WEDNESDAY, THE 09TH DAY OF OCTOBER 2019/17TH ASWINA, 1941

Crl.MC.No.3557 OF 2018

CRIME NO.146/2018 OF Tirur Police Station , Malappuram

PETITIONER/S:

ADAM CHENANGADATH, S/O.MOHAMMED, AGED 48 YRS,
CHENANGADATH HOUSE, NADUVILANGADI, POST
POOKAYIL, TIRUR TALUK, MALAPPURAM DISTRICT.

BY ADV. SRI.T.SHIHABUDHEEN

RESPONDENT/S:

1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-31.

2 MOHAMMED HASHIR, S/O.ABDUL HAMEED, AGED 16
YRS, MANAL PARAMBIL HOUSE, KALOOR, PUTHUPALLY,
POST PURATHOOR, TIRUR TALUK,
MALAPPURAM DISTRICT, PIN-676102,(MINOR
REPRESENTED BY THE MOTHER 3RD RESPONDENT).

3 NASEEMA, W/O.ABDUL HAMEED, AGED 34 YRS, MANAL
PARAMBIL HOUSE, KALOOR, PUTHUPALLY, POST
PURATHOOR, TIRUR TALUK, MALAPPURAM DISTRICT,
PIN-676102.

4 ASHRAF, S/O.KUNJAVU, AGED 62 YRS, CHEKKOLI
PARAMBIL HOUSE, POST PURATHOOR, TIRUR TALUK,
MALAPPURAM DISTRICT, PIN-676102.

R1-2 BY ADV. SMT.N.S.SOUMYA MOL

OTHER PRESENT:

SRI.T.RRENJITH, PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 09.10.2019, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
::2::
Crl.MC.No.3557 OF 2018

ALEXANDER THOMAS, J.
—————————–
Crl.M.C.No.3557 Of 2018
———————————
Dated this the 9th day of October, 2019.

ORDER

The case projected in this Crl.M.C is as follows:

The petitioner is the accused in Crime No.146/2018 of Tirur

Police Station. The 2nd respondent is the victim, the 3rd respondent

is the mother of the victim and the 4 th respondent is the de facto

complainant, who is the father of the 3 rd respondent. The abovesaid

crime has been registered on the basis of the complaint of the

4th respondent against the petitioner. The offences alleged against

the petitioner are punishable under Sec.377 SectionI.P.C and Secs.3(d) 4

of the Protection of Children from Sexual Offences Act, 2012. The

investigation is in progress. In the meanwhile, the dispute

between the parties is amicably settled through mediation. In the

above settlement, the respondents 2 to 4 stated that they have no

subsisting grievance against the petitioner. Accordingly, the

respondents 3 4 have sworn Anxs-3 4 affidavit before this

Court affirming that they have no subsisting grievance against the
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Crl.MC.No.3557 OF 2018

petitioner. It is in the light of these averments, that the instant

Crl.M.C has been filed seeking to quash Anx-A1 FIR in Crime

No.146/2018 of Tirur Police Station, Malappuram District.

2. Heard Sri.T.Shihabudheen, learned counsel for the

petitioner, Sri.T.R.Renjith, learned Prosecutor appearing for R-1

State and Smt.N.S.Soumyamol, learned counsel appearing for

respondents 2 to 4.

3. It is now well settled by a series of ruling of the Apex

Court and various High Courts including this Court that it may not

be right and proper for the High Court to exercise inherent powers

under Sec.482 of the SectionCr.P.C for quashment of serious offences as

per Sec.376 on the ground of settlement. {see SectionShimbhu Anr. v.

State of Haryana [2014 (13) SCC 318], SectionParbatbhai Aahir v. State

of Gujarat [(2017) 9 SCC 641], SectionAnita Maria Dias v. State of

Maharashtra [(2018) 3 SCC 290], SectionSebastian @ Solly v. State of

Kerala [2015 (1) KLJ 384, etc.}. The said dictum will also be

equally applicable in a case where quashment is sought for offence

under Sec.377 of the SectionI.P.C on the ground of settlement. The said

dictum would also apply to penetrative sexual intercourse as

conceived in Sec.3 of the POCSO Act. Hence it may not be right
::4::

Crl.MC.No.3557 OF 2018

and proper for this Court to exercise the extra ordinary power

under Sec.482 of the SectionCr.P.C for quashment of the impugned

criminal proceedings on the ground of settlement.

Accordingly, the above Crl.M.C will stand dismissed.

Sd/-

ALEXANDER THOMAS,
Judge.

bkn/-

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Crl.MC.No.3557 OF 2018

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 THE TRUE COPY OF THE F.I.R. IN CRIME
NO.146/2018 OF TIRUR POLICE STATION
DATED 2.3.2018.

ANNEXURE A2 THE TRUE COPY OF THE F.I.S. IN CRIME
NO.146/2018 OF TIRUR POLICE STATION
DATED 2.3.2018.

ANNEXURE A3 THE TRUE COPY OF THE AFFIDAVIT OF THE
3RD RESPONDENT DATED 21.4.2018.

ANNEXURE A4 THE TRUE COPY OF THE AFFIDAVIT OF THE
4TH RESPONDENT DATED 21.4.2018.

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