Crl.M.C. No. 626 of 2022

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` MONDAY, THE 18[TH] DAY OF MARCH 2024 / 28TH PHALGUNA, 1945 ``` ``` CRL.MC NO. 626 OF 2022 ``` ``` CRIME NO.528/2020 OF VADAKKEKARA POLICE STATION, ERNAKULAM ``` ## **`PETITIONER:`** ``` XXXX AGED 24 YEARS ACCUED IN CRIME NUMBER 528/2020 IN VADAKKEKARA POLICE STATION BY ADV MANSOOR ALI ``` ## **`RESPONDENTS/STATE/DEFACTO COMPLAINANT:`** |**`1`**|**`STATE OF KERALA`**| |---|---| ||**`REPRESENTED BY PUBLIC PROSECUTOR,`**| ||**`HIGH COURT OF KERALA,`**| ||**`ERNAKULAM, PIN - 682031`**| |**`2`**|**`THE STATION HOUSE OFFICER,`**| ||**`VADAKKEKARA POLICE STATION`**| ||**`REPRESENTED BY PUBLIC PROSECUTOR,`**| ||**`HIGH COURT OF KERALA,`**| ||**`ERNAKULAM, PIN - 682031`**| |**`3`**|**`XXXXXXXXXX`**| ||**`XXXXXXXXXX XXXXXXXXXX`**| ||**`BY ADV DEAGO JOHN K`**| ## **`OTHER PRESENT:`** ## **`SR PP SMT NEEMA T V`** ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON ``` ``` 18.03.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` Crl.M.C.No.626 of 2022 ## -:2:- Dated this the 18[th] day of March, 2024 ## **O R D E R** The petition is filed under Section 482 of the Code of Criminal Procedure,1973, to quash Annexure-A1 First Information Report [FIR], Annexure-A2 Final report and all further proceedings in S.C.No.146/2021 of the Fast Track Special Court (POCSO), Aluva, Ernakulam. 2. The petitioner is the sole accused in Crime No.528/2020 of the Vadakkekara Police Station, Ernakulam, registered against him at the instance of the third respondent, for allegedly committing the offences punishable under Sections 376(2)(n), 375, 370-A,509 and 506 of the Indian Penal Code,1860 and Sections 4 r/w Section 3, 12 r/w Section 11(v) of the Protection of Children from Sexual Offences Act and Sections 67 and 67(A) of the Information Technology Crl.M.C.No.626 of 2022 ## -:3:- Act. 3. The crux of the prosecution is that: in June 2018 and April 2019, the accused had raped the third respondent after promising to marry her. Thereafter, the petitioner took the nude pictures of the third respondent and uploaded them on the internet. Thus, the accused has committed the above offences. 4. Heard; Sri. Mansoor Ali., the learned counsel appearing for the petitioner, Smt. Neema. T.V, the learned Senior Public Prosecutor appearing for the first and second respondents and Sri.Deago John.K, the learned counsel appearing for the third respondent/defacto complainant. 5. The learned counsel for the petitioner submitted that the subject matter in dispute between the petitioner and the third respondent has been amicably settled out of court. Actually, the petitioner and the third respondent were in love. It is while the Crl.M.C.No.626 of 2022 ## -:4:- parties were carrying on with the love affair, that the petitioner allegedly had a physical relationship with the third respondent. It is only because the third respondent was a minor that the above crime was registered. However, immediately on the third respondent attaining majority, the petitioner and the third respondent have got married. Annexure A3 is the marriage certificate. The petitioner and the third respondent are living happily as man and wife. The third respondent on attaining majority has voluntarily executed Annexure A4 affidavit, stating that she is now the wife of the petitioner and they are happily living together, and further that the third respondent has no subsisting grievance against the petitioner. She has also stated that she has no objection in all further proceedings in the above crime being quashed. Hence, the petition may be allowed. 6. The learned Public Prosecutor, on instructions, ## Crl.M.C.No.626 of 2022 -:5:- submitted that the Investigating Officer has ascertained and reported that the subject matter in dispute between the parties has been amicably settled. The petitioner and the third respondent are living as husband and wife and the third respondent has voluntarily executed Annexure A4 affidavit stating that she has no objection in the proceedings being quashed. 7. The learned counsel for the third respondent also submitted that it was only because the third respondent was a minor that the above crime was registered against the petitioner. The petitioner and the third respondent had a consensual relationship. The petitioner and the third respondent are married. The learned counsel vouched for Annexure A3 marriage certificate and Annexure A4 affidavit executed by the third respondent. 8. The Hon'ble Supreme Court in **Gian Singh vs. State of Punjab** [2012 (10) SCC 303] and **Prabatbhai** Crl.M.C.No.626 of 2022 -:6:- **Aahir @ Parbatbhai Bhimsinhbhai Karmur and others vs. State of Gujarat and another** [(2017) 9 SCC 641] has held that in the facts and circumstances of a case and to secure the ends of justice, where the High Court is satisfied that an amicable settlement has been arrived at between the parties and the offence is not serious in nature involving mental depravity, criminal proceedings may be quashed. 9. In **xxx V. State & another (Criminal Appeal Nos.394 - 395 of 2021),** the Hon’ble Supreme Court, in a case of similar nature, has quashed the proceedings on the ground that the parties got married after the registration of the crime. A similar view has been taken by this Court in **Vishnu V. State of Kerala** **[2023 (4) KHC 1].** 10. After bestowing my anxious consideration to the peculiar facts and circumstances of the case, the rival submissions made across the Bar, and the ## Crl.M.C.No.626 of 2022 ## -:7:- materials on record, particular the fact that the petitioner and the third respondent are presently living together as husband and wife, that the third respondent has no subsisting grievance against the petitioner and that the third respondent has voluntarily executed Annexure A4 affidavit stating that she does not desire to prosecute the proceedings, I am satisfied that this is a fit case to exercise the inherent power of this Court under Section 482 of the Code, especially since now there is no public interest involved, the chances of conviction is remote, the continuation of the proceeding would only be wastage of judicial time and the settlement would augur harmony in society. Hence, I am inclined to allow the petition. In the result, the Crl.M.C is allowed by quashing Annexure-A1 First Information Report [FIR] & Annexure-A2 Final report in Crime No.528/2020 of Vadakkekara Police Station, Ernakulam and all further Crl.M.C.No.626 of 2022 -:8:- proceedings in S.C.No.146/2021 of the Fast Track Special Court (POCSO), Aluva, Ernakulam, as against the petitioner. It is made clear that this order shall not be treated as a precedent. Sd/- **C.S.DIAS,JUDGE** mtk/18.03.24 ## Crl.M.C.No.626 of 2022 ## -:9:- ## **`APPENDIX OF CRL.MC 626/2022`** ``` PETITIONER ANNEXURES ANNEXURE1THE TRUE COPY OF F.I.R. AND FIS IN CRIME NO. 528 OF 2020OF VADAKKEKARA POLICE STATION ANNEXURE2THE TRUE COPY OF FINAL REPORT IN SC 146/2021 FILED BY THE 2ND RESPONDENT ANNEXURE3THE TRUE COPY OF THE MARRIAGE CERTIFICATE DATED 10.08.2021 ANNEXURE4TRUE COPY OF THE AFFIDAVIT SIGNED BY THE 2ND RESPONDENT DATED 11.08.2021 ```