Praveen P.R. v. State of Kerala; NabeeL v. State of Kerala

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **THURSDAY, THE 06TH DAY OF JUNE 2019 / 16TH JYAISHTA, 1941** ## **Crl.MC.No. 3624 of 2019** **SC 88/2018 of SPECIAL COURT UNDER POCSO ACT, KOLLAM** **CRIME NO. 1433/2017 OF Kunnicode Police Station, Kollam** ## **PETITIONER/ACCUSED :** **PRAVEEN P.R., AGED 22 YEARS S/O.PRAMOD, KULAMUDIYIL VEEDU, KOORAMKODE, KUNNIKODE.P.O, KOLLAM DISTRICT-691508** **BY ADV. SRI.R.KRISHNAKUMAR (CHERTHALA)** |**RESPONDENTS/STATE, VICTIM & COMPLAINANT**<br>**:**|**RESPONDENTS/STATE, VICTIM & COMPLAINANT**<br>**:**| |---|---| |**1**|**STATE OF KERALA**| ||**REP BY SUB INSPECTOR OF POLICE, (CRIME**| ||**NO.1433/2017), KUNNIKODE POLICE STATION, KUNNIKODE,**| ||**KOLLAM RURAL DISTRICT, REP. BY PUBLIC PROSECUTOR,**| ||**HIGH COURT OF KERALA, ERNAKULAM-680031.**| |**2**|**ANJU M.A., AGED 19 YEARS,**| ||**D/O.APPUKKUTTAN, MALAMUKALIL VEEDU, KARIYARA.P.O,**| ||**KOLLAM-691332, NOW RESDIDING AT, KULAMUDIYIL VEEDU,**| ||**KOORAMKODE, KUNNIKODE.P.O, KOLLAM DISGTRIT-691508**| |**3**|**APPUKUTTAN, AGED 56 YEARS,**| ||**S/O.KOCHUKUNJU, MALAMUKALIL VEEDU, KARIYARA.P.O,**| ||**KOLLAM-691332**| ||**BY ADV. SMT.TINY THOMAS**| **THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 06.06.2019, ALONG WITH Crl.MC.3657/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **Crl.MC.Nos.3624 & 3657 of 2019** **2** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **THURSDAY, THE 06TH DAY OF JUNE 2019 / 16TH JYAISHTA, 1941** **Crl.MC.No. 3657 of 2019** **SC 570/2017 of SPECIAL COURT UNDER POCSO ACT, PATHANAMTHITTA** **CRIME NO. 716/2017 OF Perunad Police Station, Pathanamthitta PETITIONER/S:** **NABEEL, AGED 27 YEARS S/O. SEYED MUHAMMED P, RESIDING AT NAFIYA MANZIL, PUTHALAM, AREACODE, PUTHALAM, MALAPPURAM DISTRICT, PIN-673639.** **BY ADVS. SRI.J.R.PREM NAVAZ MITHUN PAVANAN SHRI.SUMEEN S. SMT.PARVATHY S.KRISHNAN** ## **RESPONDENT/S:** **1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682031. 2 PARVATHY, AGED 18 YEARS, D/O. PRASANNA, RESIDING AT MADATHIL HOUSE, NEAR MADATHUMOOZHY, VALIYAPALAM, PERUNAD, PATHANAMTHITTA DISTRICT-691601. 3 PRASANNA, AGED 48 YEARS, W/O. LATE RAJEEV, RESIDING AT MADATHIL HOUSE, NEAR MADATHUMOOZHY, VALIYAPALAM, PERUNAD, PATHANAMTHITTA DISTRICT, PIN-691601.** ## **BY ADV. SRI.AJOY VENU** **THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 06.06.2019, ALONG WITH Crl.MC.3624/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** ## **ALEXANDER THOMAS, J. ----------------------------------------Crl.M.C. Nos. 3624 & 3657 of 2019 ----------------------------------------Dated this the 6[th] day of June, 2019** ## **O R D E R** In Crl.M.C.No.3624/2019, the petitioner herein has been arrayed as the sole accused in Crime No.1433/2017 of Kunnikode Police Station which has been registered for offences punishable under Sections 366A and 376(2) of IPC and Sec.3(a) r/w 4, 5(l) r/2 Sec.6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. The Police after investigation has filed impugned Annexure-A2 final report/charge sheet in the said crime and the case after committal has been numbered by the Sessions Court concerned as Sessions case, SC No. 88/2018 on the file of the 1[st] Additional District & Sessions Court, Kollam. 2. In Crl.M.C.No.3657/2019, the petitioner has been arrayed as the sole accused in impugned Annexure-A1 FIR Crime No.716/2017 of Perunad Police Station which has been registered for offences punishable under Sections 366 and 376 of IPC and Sections 3 and 4 (iii) of the Protection of Children from Sexual Crl.M.C. Nos. 3624 & 3657 of 2019 **==> picture [19 x 9] intentionally omitted <==** Offences (POCSO) Act, 2012. The police after investigation has filed Annexure-A2 final report/charge sheet in the said crime and the matter after committal is now pending before the Sessions Court as Sessions Case, SC No.570/2017 on the file of the Sessions Court-I (Special Court), Pathanamthitta. The common ground sought for quashment in these two cases is that the respective petitioner has settled the entire issue with the respondent/lady defacto complainant in this case and that the respective petitioner has married the respective lady defacto complainant in these cases and that they have settled all their disputes. Annexure-A6 is the affidavit filed by the 2[nd] respondent victim stating about the factum of settlement and the marriage between the parties etc. and Annexure-A7 is the affidavit filed by the 3[rd] respondent, mother of the victim on similar lines. 3. In Crl.M.C.No.3624/2019, Annexure-A4 is the affidavit sworn to by the 2[nd] respondent, lady defacto complainant stating about the factum of settlement and factum of marriage between the parties and that the impugned proceedings may be quashed as now the parties are living as husband and wife. Annexure-A5 is the Crl.M.C. Nos. 3624 & 3657 of 2019 **==> picture [18 x 9] intentionally omitted <==** affidavit sworn to by the 3[rd] respondent (father of the victim). Annexure-A3 in Crl.M.C.No.3624/2019 is the marriage certificate issued by the Local Registrar of Marriages (Common) dated 08.03.2019 evidencing the marriage between the accused and the lady defacto complainant in Crl.M.C.No.3624/2019. 4. In Crl.M.C.No.3657/2019, the Annexures-A6 and A7 are the affidavits filed by the respective lady defacto complainant and her mother. Annexure-A5 is the marriage certificate issued by the Marriage Registrar under the provisions of Special Marriage Act, 1954 certifying about the marriage between the petitioner/accused and the lady defacto complainant in Crl.M.C.No.3657/2019. 5. It is urged by the learned Advocates appearing for the respective petitioner/accused and the respective lady defacto complainant that the parties have fully resolved their disputes and that their marriages have been duly solemnized and that they are living together as husband and wife. Further, learned Advocates appearing for the respondent lady defacto complainant would also urge that in view of the changed circumstances and as the accused Crl.M.C. Nos. 3624 & 3657 of 2019 **==> picture [19 x 9] intentionally omitted <==** had already married the lady concerned, it is all the more, in the interest of the lady defacto complainant, the impugned criminal proceedings may be quashed, as otherwise, their marital life would be detrimentally affected etc. 6. It is by now well settled that grave and serious offences as the one under Sec.376 (rape) of the I.P.C. cannot be the subject matter of quashment of the impugned criminal proceedings on the ground of settlement between the accused and the victim. {see _**Shimbhu & Anr. v. State of Haryana**_ [2014 (13) SCC 318], _**Parbatbhai Aahir v. State of Gujarat**_ [(2017) 9 SCC 641], _**Anita Maria Dias v. State of Maharashtra**_ [(2018) 3 SCC 290], _**Sebastian @ Solly v. State of Kerala**_ [2015 (1) KLJ 384, etc.}. However, this Court has held in various decisions including the one as in _**Freddy @ Antony Francis & Ors. v. State of Kerala & Anr.**_ [2017 KHC 344 = 2018 (1) KLD 558) that the exception to the above approach could be in cases where the accused has married the defacto complainant and they have decided to settle all the disputes and for the predominant purpose of the welfare of the de facto complainant/victim, to ensure her Crl.M.C. Nos. 3624 & 3657 of 2019 **==> picture [18 x 9] intentionally omitted <==** better future life, it is only just and proper that this Court in exercise of the extra ordinary inherent powers under Sec.482 of the Cr.P.C. could quash the impugned criminal proceedings on the ground of settlement between the parties in cases where the accused has married the de facto complainant and the de facto complainant is insisting for quashment of the impugned criminal proceedings, etc. 7. Learned Public Prosecutor has submitted on the basis of the instructions from the investigating officer concerned that the enquiries of the Police authorities have revealed that the respective petitioner has married the respective lady defacto complainant in these two cases and that settlement arrived at between the parties appears to be genuine. 8. In the light of these aspects, it is ordered that in Crl.M.C.No.3624/2019, the impugned Annexure-A2 final report/charge sheet filed in Crime No.1433 of 2017 of Kunnikode Police Station, which has now led to the institution of S.C. No.88/2018 on the file of the 1[st] Additional District & Sessions Court, Kollam and all further proceedings thereof as against the Crl.M.C. Nos. 3624 & 3657 of 2019 **==> picture [20 x 9] intentionally omitted <==** petitioner/accused will stand quashed. Further, it is also ordered in Crl.M.C.No.3657/2019 that the impugned criminal proceedings as per Annexure-A2 final report/charge sheet filed in Crime No.716 of 2017 of Perunad Police Station, which has now led to the institution of S.C. No.570/2017 on the file of the Sessions Court-I (Special Court), Pathanamthitta as against the petitioner/accused therein and all further proceedings thereof will stand quashed 9. The respective petitioners will produce the certified copies of these orders before the respective investigating officers concerned and the respective Sessions Court concerned. The officers will also ensure that the certified copies of these orders are forwarded to the investigating officer concerned in these two cases. With these findings and directions, the above Crl.M.C. stands disposed of . Sd/- **ALEXANDER THOMAS, JUDGE** SKS Crl.M.C. Nos. 3624 & 3657 of 2019 ..9.. ## **APPENDIX OF Crl.MC 3624/2019** **PETITIONER'S/S EXHIBITS:** **ANNEXURE A1 A TRUE COPY OF THE FIR IN CRIME NO.1433/2017 OF KUNNIKODE POLICE STATION DATED 14.08.2017.** **ANNEXURE A2 A TRUE COPY OF THE FINAL REPORT IN CRIME NO.1433/2017 OF KUNNIKODE POLICE STATION DATED 26.12.2017.** **ANNEXURE A3 A TRUE COPY OF THE CERTIFICATE OF MARRIAGE ISSUED BY THE LOCAL REGISTRAR OF MARRIAGES (COMMON), VILAKKUDY GRAMA PANCHAYATH DT.08.03.2019.** **ANNEXURE A4 A TRUE COPY OF THE AFFIDAVIT OF 2ND RESPONDENT DATED 16.05.2019. ANNEXURE A5 A TRUE COPY OF THE AFFIDAVIT OF 3RD RESPONDENT DATED 16.05.2019.** Crl.M.C. Nos. 3624 & 3657 of 2019 ..10.. ## **APPENDIX OF Crl.MC 3657/2019** **PETITIONER'S/S EXHIBITS:** **ANNEXURE A1** **THE TRUE COPY OF THE FIR IN CRIME NO.716 OF 2017 OF PERUNAD POLICE STATION, PATHANAMTHITTA DISTRICT.** **ANNEXURE A2** **THE ACCUSED COPY OF THE OF THE FINAL REPORT/CHARGE SHEET IN CRIME NO.716 OF 2017 OF PERUNAD POLICE STATION, PATHANAMTHITTA.** - **ANNEXURE A3 THE CERTIFIED MEDICAL REPORT OF THE PETITIONER AS ALSO THE 2ND RESPONDENT IN THE ABOVE CRIME.** - **ANNEXURE A4 THE CERTIFIED COPY OF THE STATEMENT OF THE 2ND RESPONDENT/DEFACTO COMPLAINANT RECORDED UNDER SECTION 164 OF THE CODE OF CRIMINAL PROCEDURE 1973 BY THE JUDICIAL MAGISTRATE OF FIRST CLASS-II, PATHANAMTHITTA.** - **ANNEXURE A5 THE TRUE COPY OF THE MARRIAGE CERTIFICATE ISSUED BY THE MARRIAGE REGISTRAR PERUNAD PATHANAMTHITTA EVIDENCING THE MARRIAGE BETWEEN THE PETITIONER AND THE 2ND RESPONDENT/VICTIM.** - **ANNEXURE A6 THE AFFIDAVIT, SOLEMNLY AFFIRMED BY THE 2ND RESPONDENT VICTIM.** **ANNEXURE A7 THE AFFIDAVIT, SOLEMNLY AFFIRMED BY THE 3RD RESPONDENT VICTIM.**