~ ~ ~ ~ ~ ~ Petitioner is the accused in S.T.1630/2012 of the Judicial First Class Magistrate's Court, Nedumkandom, pending trial for the offences punishable under Sections 354 and 509 IPC. The 2nd respondent herein, who is a 13 year old girl, is none other than the niece of the petitioner. The allegation against the petitioner is that he had repeatedly made made specific sexual overtures towards the 2nd respondent minor girl and she was sexually harassed by the petitioner. According to the petitioner, the matter has been settled between him and the 2nd respondent. 2. Still, the 2nd respondent is a minor. There cannot be a settlement in between the petitioner and the minor. Apart from that, the facts reveal that the mother of the 2nd respondent, who is the direct sister of the petitioner, had some difference of opinion with her husband, thereby she had sent the girl to the company of the present petitioner Crl.M.C.6780/2014 : 2 :
and the grandmother. The petitioner could safely harass the girl sexually. The matter was duly reported by the 2nd respondent repeatedly to her mother. It seems that the mother pacified her and, in fact, intimidated the girl by directing her not to reveal it to anybody, especially to her father. Finally, the girl has chosen to approach her father and she revealed the incidents and thereafter, the law was set in motion.
3. This is a matter which cannot be permitted to be compounded. Such sexual harassments especially by relatives towards minor girls are on the increase. If the present attempt to get the proceedings quashed based on a so called compromise or settlement is permitted, it would give a wrong signal to the society. Matters being so, this Crl.M.C. is only to be dismissed, and I do so.
In the result, this Crl.M.C. is dismissed.
Sd/-
(B.KEMAL PASHA, JUDGE) aks/01/12 // True Copy // PA to Judge