REJI ABRAHAM Vs. JAYANTHI AROKIAMARY AND ANOTHER

JUDGEMENT

(1.) Heard the learned Counsel for the petitioner and the learned Counsel for the respondent.

(2.) The petitioner is said to be accused at the instance of his wife - the complainant who had alleged that five years prior to the filing of the complaint, he had molested not only his stepdaughter, but he had also sexually abused his natural daughter as well born through the complainant. It is on this that a case had been instituted and it was committed to the Sessions Court in Special C.C. No. 249 of 2013 for offences punishable under Sections 354 and 498-A of the Indian Penal Code, 1860 read with Sec. 10 of the Protection of Children from Sexual Offences Act, 2012. While this criminal case was pending, it transpires that the complainant-mother of the alleged victims, had instituted proceedings under the Protection of Women from Domestic Violence Act, 2005 and in those proceedings, the matter had been referred to mediation before the Mediation Centre, Bangalore, and it transpires that there was a settlement arrived at between the parties whereby it was agreed that the matters pending both before the Court dealing with the Domestic Violence Act as well as the criminal case in Special C.C. No. 249 of 2013 could be compounded.

(3.) Though the proceedings pertaining to the provisions of the Domestic Violence Act was indeed compounded, when an application was filed under Sec. 320(2) of Criminal Procedure Code, 1973 in the Special C.C. No. 249 of 2013 under the POCSO Act for compounding the matter, the Sessions Court has taken a view that since the allegations are of a heinous offence, the question of composition would not arise and has refused to entertain any such prayer and has rejected the said application. It is that which is under challenge in the present petition.