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Judgment
B. Kemal Pasha, J.—The accused in Crime No. 1118 of 2014 of Eravipuram Police Station registered for the offences punishable under Section 354 of the Indian Penal Code and Sections 7 and 8 of the Protection of Children from Sexual Offences Act, 2012, has come up to get the FIR and the continued proceedings against him quashed under Section 482 of the Code of Criminal Procedure. Yet another instance wherein the protector turned to be the predator. The allegation against the petitioner is that he has committed severe sexual assault on his own daughter aged 13. He used to make frequent sexual overtures towards her and had repeatedly fondled her breast and kissed her. During the night of 21/07/2014, the petitioner placed his hand on her vagina. The girl resisted and went apart. Again he had done like that and then she made a hue and cry and reported the matter to her mother.
According to the petitioner, the matter has been amicably settled between the parties. His wife, who is the mother of the girl, has filed an affidavit stating that ''actually any such incident had not taken place''. It means that still the de facto complainant is paving way to the accused to continue to molest his daughter. This is not a matter which can be compounded. At any rate, the mother of the girl cannot condone such acts done towards the minor girl aged 13. May be she is in between the devil and the deep seal. It seems that she has ultimately chosen to heed to her husband to have a continued matrimonial life and to have his protective cover at the expense of the poor girl, who is her own daughter. Sexual abuse towards children are on the increase. The allegations against the petitioner are very grave and serious. The matter requires thorough investigation. The compromise, allegedly taken place between the mother of the girl, who is the wife of the petitioner, and the petitioner is liable to be thrown to the dust bin and it is not good for any purpose at all. The law does not enable any such agreement between the parties. Considering the welfare of the child, any attempt to get serious matters like this compounded, has to be discouraged. Section 482 of the Code of Criminal Procedure is not a shelter to grave criminals indulging in such dastardly acts. The attempts to get such matters admitted with a view to delaying the investigation as well as trial of such cases have to be weeded out at the threshold; and if not justice as well as the criminal justice dispensing system will become a casualty. This Crl. MC cannot be entertained, and is only to be dismissed, and I do so.
In the result, this Crl. MC is dismissed. The Investigating Officer is directed to continue the investigation and file the final report at the earliest.