Abhijith P.S. v. State of Kerala

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **FRIDAY, THE 23RD DAY OF OCTOBER 2020 / 1ST KARTHIKA, 1942** ## **Crl.MC.No.3506 OF 2020(G)** **CRIME NO.1870/2018 OF Narakkal Police Station , Ernakulam** ## **PETITIONER/ACCUSED:** **ABHIJITH P.S., AGED 25 YEARS S/O.SIVAN P.K., PERUMANAKKAL HOUSE, NARAKKLA P.O., ERNAKULAM - 682 505.** **BY ADVS. SRI.PRAVEEN.H. SRI.G.HARIHARAN SMT.K.S.SMITHA SMT.T.T.SHANIBA SRI.M.V.VIPINDAS SHRI.AMAL DEV D** ## **RESPONDENTS/RESPONDENTS:** **1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. 2 XXX, VICTIM 3 YYY, VICTIM** **R2-3 BY ADV. SMT.N.P.SILPA SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR** **THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 23.10.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **Crl.MC.No.3506 OF 2020(G)** **2** ## **ALEXANDER THOMAS, J. -----------------------------------Crl.M.C. No.3506 of 2020 -----------------------------------Dated this the 23[rd] day of October, 2020** ## **ORDER** The petitioner has been arrayed as the sole accused in the instant impugned Annexure A1 FIR in Crime No.1870 of 2018 of Narakkal Police Station, Ernakulam District for offences punishable under Sections 363, 366A, 370, 376(2) (n) of Indian Penal Code and 5 l read with Section 6 of the Protection of Children from Sexual Offence Act, 2012 on the basis of First Information Statement given by the 2[nd] respondent lady victim (who was then a minor) on 18.12.2018 at about 8.15 p.m. in respect of the alleged incident which happened for the period from 29.08.2018 to 28.11.2018. 2. The gist of the prosecution case is to the effect that date of birth of the 2[nd] respondent victim is 17.12.2001 and that she had completed the age of 16 years at the time of the incidents which happened for the period from 29.08.2018 to 28.11.2018 and that the petitioner/accused then aged 24 years was having a love affair with the 2[nd] respondent lady victim who was then a minor and that with the assurance that he would marry her he had induced her to have sexual **Crl.MC.No.3506 OF 2020(G)** **3** relationship with him and that they had sexual relationship on certain occasions for the period from 29.08.2018 to 28.11.2018 and that in that regard he had induced her to go away with him to his house etc. and that thereby he had committed abovesaid offences. It is common ground that the investigation in this case has not been completed. The main ground urged by the petitioner in support of the plea for quashment of the impugned criminal proceedings is that later the 2[nd] respondent victim had completed the majority age of 18 years on 17.12.2019 and that subsequently, with the blessings and consent of the families of both sides the petitioner/accused has married the 2[nd] respondent victim on 16.07.2020 in accordance with the provisions contained in the Section 13 of the Special Marriage Act 1954 on 16.07.2020 and that Annexure A2 is the statutory marriage certificate dated 16.07.2020 issued by the Marriage Registrar under the provisions Section 13 of the Special Marriage Act, 1954 evidencing the solemnization and registration of the abovesaid marriage of the abovesaid parties on the abovesaid day in question and that this Court may quash the abvoesaid impugned criminal proceedings on the ground of settlement in view of the abovesaid extenuating circumstances. **Crl.MC.No.3506 OF 2020(G)** **4** 3. Smt.N.P.Silpa, learned counsel appearing for respondent Nos.2 and 3 would submit that the 3[rd] respondent is the mother of the 2[nd] respondent victim and that 2[nd] and 3[rd] respondents have separately sworn to affidavits on 28.07.2020 as borne out from Annexures A3 and A4 respectively stating that the entire disputes between the petitioner and 2[nd] respondent has been satisfactorily resolved and that with the consent of both the families the petitioner has married the 2[nd] respondent as aforestated in accordance with the provisions contained in Special Marriage Act and 2[nd] and 3[rd] respondent does not wish to continue the impugned criminal proceedings as against the petitioner any longer and that this Court may quash the impugned criminal proceedings on the ground of settlement and that otherwise future married life of the 2[nd] respondent will be detrimentally affected if the petitioner who is her husband is forced to face the impugned criminal proceedings etc. 4. The learned Public Prosecutor was requested to get instructions in the matter and today when the matter has been taken up for consideration, Sri.Saigi Jacob Palatty, learned Public Prosecutor would submit based on the instructions that the investigating officer conducted the enquiry and has recorded of the statements of both R2 **Crl.MC.No.3506 OF 2020(G)** **5** and R3 who have stated that the entire disputes between the petitioner and the 2[nd] respondent has been now satisfactorily resolved and that with the consent of both the families the petitioner has subsequently married 2[nd] respondent on 16.07.2020 and that the 2[nd] respondent has completed the majority age of 18 years on 17.12.2019 and the respondent Nos.2 and 3 have no objection for quashment of the impugned criminal proceedings in view of the abovesaid extenuating circumstances and that as otherwise the future married life of the 2[nd] respondent will be detrimentally affected if the petitioner who is her husband is to face the impugned criminal proceedings etc. 5. It is by now well settled that it may not be right and proper for this Court to ordinarily consider the quashment of serious and grave offence of rape as per Section 376 of the IPC solely on the ground of settlement between the parties. However, it has been held by this Court in decisions as in _**Freddy @ Antony Francis and Others. v. State of Kerala and Another**_ [2017 KHC 344 = 2018 (1) KLD 558], _**Denu P. Thampi v. Ms.X**_ [2019 (3) KHC 199= 2019(2) KLT 996] that in a case where the allegations is that the accused had induced the 2[nd] respondent to have sexual relationship with him with the assurance of that he would marry her etc. and subsequently after **Crl.MC.No.3506 OF 2020(G)** **6** the initiation of the impugned criminal proceedings he has married the victim with her consent and volition and then in such appropriate cases this Court may consider the plea for quashment of the impugned criminal proceedings in view of such extenuating circumstances as otherwise the future marital life of the victim may be detrimentally affected etc. 6. In the light of the abovesaid aspects as mentioned hereinabove, this Court is of the considered view that the plea for quashment of the impugned criminal proceedings in view of the abovesaid extenuating circumstances arising out of the subsequent marriage between the petitioner/accused and 2[nd] respondent victim, this Court would appropriately consider the plea for quashment of impugned criminal proceedings etc. as otherwise it may detrimentally affect the future marital life of 2[nd] respondent victim. 7. Accordingly, it is ordered that the impugned criminal proceedings at Annexure A1 FIR in crime No.1870 of 2018 of Narakkal Police Station, Ernakulam District as against the petitioner accused and all further proceedings emanating therefrom as against the petitioner/accused will stand quashed and set aside. The petitioner will produce a certified copy of this order before **Crl.MC.No.3506 OF 2020(G)** **7** the investigating officer concerned and before the competent Criminal Court concerned for necessary information. With these observations and directions, the above Criminal Miscellaneous Case will stand disposed of. **Sd/ALEXANDER THOMAS JUDGE** SCS **Crl.MC.No.3506 OF 2020(G)** **8** ## **APPENDIX** ## **PETITIONER'S/S EXHIBITS:** |**ANNEXURE A1**|**CERTIFIED COPY OF THE FIRST INFORMATION**| |---|---| ||**REPORT DATED 18/12/2018 IN CRIME**| ||**NO.1870/2018 OF NARAKKAL POLICE STATION.**| |**ANNEXURE A2**|**TRUE COPY OF THE CERTIFICATE OF MARRIAGE**| ||**DATED 16/07/2020 BETWEEN THE PETITIONER**| ||**(ACCUSED) AND 1ST RESPONDENT(VICTIM).**| |**ANNEXURE A3**|**ORIGINAL OF THE NOTARIZED AFFIDAVIT**| ||**DATED 28/07/2020 SWORN TO BY THE 2ND**| ||**RESPONDENT.**| |**ANNEXURE A4**|**ORIGINAL OF THE NOTARIZED AFFIDAVIT**| ||**DATED 28/07/2020 SWORN TO BY THE 3RD**| ||**RESPONDENT.**| |**ANNEXURE A5**|**TRUE COPY OF THE SSLC BOOK OF THE 2ND**| ||**RESP0NDENT EVIDENCING THE DATE OF BIRTH.**| |//TRUE COPY//|| |PA TO JUDGE||