CRL.M.C No. 10707 of 2023

**==> picture [289 x 60] intentionally omitted <==** > `[ TH ]` **==> picture [476 x 140] intentionally omitted <==** **==> picture [479 x 50] intentionally omitted <==** ``` CRL.MC NO.10707 OF 2023 ``` ``` 2 ``` ## **ORDER** ## **Dated this the 4th day of March, 2024** This Crl.M.C., under Section 482 of Cr.P.C., is at the instance of the sole accused in S.C.No.837 of 2022 on the file of Fast Track Special Court, Changanassery, for quashing Annexure I FIR. 2. The prosecution allegation is that the petitioner, who was in a love affair with the victim minor girl, sexually abused her and raped her on the promise of marriage. Thus he is alleged to have committed the offences punishable under Sections 363, 450 and 376(2)(n) of IPC and Sections 4(1)r/w 3(a), 6(1) r/w 5(l) and Section 5(j)(ii) of the Protection of Children from Sexual offences Act, 2012. 3. Learned counsel for the petitioner submitted that the matter stands settled between himself as well as respondents 2 and 3, as the petitioner married the 2nd ``` CRL.MC NO.10707 OF 2023 ``` ``` 3 ``` respondent/victim/defacto complainant on 26.12.2023 and now they are living happily together. So, pendency of the criminal prosecution will cast a shadow on their family life. Therefore, it is absolutely necessary to quash Annexure I FIR in crime No.1222 of 2022 of Manimala Police Station, Kottayam, which is pending on the file of Fast Track Special Court, Changanassery as S.C.No.837 of 2022. 4. Heard learned counsel for the petitioner, learned counsel for respondents 2 and 3 and learned Public Prosecutor. 5. The petitioner produced Annexures VII to IX affidavits filed by respondents 2 and 3, which will show that the victim and the petitioner submitted notice of intended marriage as per Special Marriage Act on 24.11.2023, and Annexure X is the copy of their marriage certificate. ``` CRL.MC NO.10707 OF 2023 ``` ``` 4 ``` 6. Learned counsel for respondents 2 and 3 submitted that since the petitioner married the 2nd respondent/victim and they are living happily as husband and wife, it is absolutely necessary to quash the criminal proceedings pending against the petitioner as S.C.No.837 of 2022. 7. Learned Public Prosecutor also, on instructions, submitted that the matter stands settled between the petitioner and respondents 2 and 3, and the petitioner married the 2nd respondent/victim/defacto complainant, and they are living together as husband and wife, in a peaceful manner. 8. The alleged incident occurred, while the 2[ nd ] respondent/victim/defacto complainant was a minor. The offences alleged include an offence punishable under Section 376 of IPC and offenses under the POCSO Act. But, the victim herself has got a case, that she was in an affair with the petitioner, and they were engaged in sexual ``` CRL.MC NO.10707 OF 2023 ``` ``` 5 ``` activities on the promise of marriage. Now, it seems, that promise has been fulfilled, as he married her. Since the victim also wants to see that the criminal prosecution against the petitioner is set aside, so as to lead a peaceful family life with the petitioner, this Court is of the view that the matter has to be considered favourably, to meet the ends of justice, rather than the ends of law. 9. Learned counsel for the petitioner would rely on the decision **Vishnu v. State of Kerala** [2023 (4) KHC 1], in which criminal proceedings involving offences punishable under the POCSO Act, were quashed, on the basis of settlement arrived between the accused and the victim, who was a minor, at the time of occurrence. In the case on hand, though the victim was a minor at the time of occurrence, on her attaining majority, the petitioner married her. The settlement arrived is for the benefit of the victim also. So, considering the peculiar facts and circumstances, this Court is of the view that continuation ``` CRL.MC NO.10707 OF 2023 ``` **==> picture [15 x 9] intentionally omitted <==** of the criminal proceedings against the petitioner will not do justice to the parties, and rather it will be detrimental to their peaceful family life. In the result, the Crl.M.C. stands allowed, quashing Annexure I FIR in crime No.1222 of 2022 of Manimala Police Station, and the proceedings pending in S.C.No.837 of 2022 on the file of Fast Track Special Court, Changanassery. ## **Sd/-** **SOPHY THOMAS JUDGE** SSK/04/03 ``` CRL.MC NO.10707 OF 2023 ``` ``` 7 ``` ``` PETITIONER ANNEXURES ``` ``` Annexure I The certified copy of the FIR in Crime No.1222/2022 of Manimala Police Station, Kottayam District along with earlier statements. ``` ``` Annexure II The certified copy of the mahazar dated 25.11.2022. Annexure III The certified copy of the petency report dated 21.10.2022 ``` ``` Annexure IV The true copy of the report adding more offences ``` - `Annexure V The true copy of the notice of intended marriage submitted by the petitioner as well as the defacto complainant dated 24.11.2023` - `Annexure VI The true copy of the receipt of notice of intended marriage issued by the registration department dated 24.11.2023` - `Annexure VII The true copy of the affidavit dated 28.11.2023 sworn by the 2nd respondent.` - `Annexure VIII The true copy of the affidavit dated 28.11.2023 sworn by the 3rd respondent.` ``` CRL.MC NO.10707 OF 2023 ``` ``` 8 ``` ``` The true copy of the affidavit dated 28.11.2023 sworn by the 2nd respondent. ``` ``` AnnexureIX The true copy of the affidavit dated 28.11.2023 sworn by the 2nd respondent. ``` ``` Annexure X True copy of the certificate of marriage issued under Section 13 of the Special Marriage Act, 1654 dated 26.12.2023. ```