ABDUL LATHEEF Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is arrayed as the sole accused in Crime No.323/2017 of Tirur Police Station for offences punishable under Sections 450, 376(2)(i)(n) of Indian Penal Code and Section 5(1), 6 of the POCSO Act. It was alleged by the de facto complainant, who is a 14 year old girl, that the accused, who was a neighbour of the de facto complainant sexually abused her. It was alleged by her that while she had gone to the house of the accused, he forcefully undressed her, inserted his finger into her private parts and rubbed his private part against the private part of the girl. Pursuant to an FIS laid, crime was registered. After investigation final report was filed. Cognizance was taken and the matter is now pending as S.C. No.628/2017 of Additional Sessions court, Manjeri.

(2.) The petitioner has approached this Court contending that the dispute with the de facto complainant was amicably settled and that the de facto complainant has no further grievance. To buttress that contention, learned counsel for the petitioner relied on Annexures A5 and A6 affidavits affirmed by the victim as well as her mother. Learned counsel for the 2nd respondent, who is the victim, acknowledged the due execution of the above affidavits and submitted that she has no objection in quashing the proceedings.

(3.) The learned Public Prosecutor submitted that the statement of the victim has been recorded and the settlement has been reported to the Police. It was also submitted that the petitioner is not involved in any other crime.