Praveen v. State of Kerala

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Sophy Thomas
Judgment Date: 2024-01-12
Court Decision / Holding: Crl.M.C. stands allowed; quashing Annexure A2 final report in crime No.122 of 2019 of Eravipuram Police Station and all proceedings in S.C.No.1551 of 2019 pending on the file of the First Additional District and Sessions Court, Kollam.
Final Disposition: Allowed; quashed final report and all proceedings in the related case.

Parties to the Case

Appellants / Petitioners

Praveen (sole accused in S.C.No.1551 of 2019)

Respondents

State of Kerala represented by Public Prosecutor
2nd respondent (defacto complainant)

Legal Representation & Advocates

Counsels for Petitioners

• Arun K.J.
• Arun Babu

Counsels for Respondents

• Public Prosecutor, State of Kerala

Case Synopsis & Summary

This is a Criminal Misc Case under Section 482 Cr.P.C. filed by the sole accused in S.C.No.1551 of 2019, pending before the First Additional District and Sessions Court, Kollam. The petitioner, Praveen, is alleged to have committed offences under IPC sections 450, 376(2)(h)(n), 366 and 370, and under the Protection of Children from Sexual Offences Act, 2012 (Sections 3, 4, 5(j)(ii)(I) read with Section 6). The incident relates to sexual offences against a girl who was 17 at the time of occurrence and who later became the petitioner’s wife. The defacto complainant states that she and the petitioner settled their differences and married on 16.04.2022; they now live together peacefully. The State, represented by the Public Prosecutor, and the 2nd respondent (defacto complainant) contend that the criminal proceedings should not be quashed, but the petitioner argues that the matter has been settled and that continuing the prosecution would impair their peaceful family life. The court notes the special circumstances: the marriage is registered under the Special Marriage Act, and the settlement is intended to protect the couple’s familial life. Relying on Vishnu v. State of Kerala (2023 (4) KHC 1), the court holds that ends of justice require quashing the final report (Annexure A2) and all proceedings in S.C.No.1551 of 2019. Accordingly, the petition is allowed and proceedings are quashed.

Provisions of Law Cited

Section 482 of Cr.P.C.Sections 450, 376(2)(h)(n), 366 and 370 IPCSection 3, 4, 5(j)(ii)(I) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012Special Marriage Act, 1954

Legal Doctrines & Maxims

Ends of justice
Settlement between accused and victim enabling quashing of proceedings under Cr.P.C. 482

Submissions & Arguments

Contentions of Appellants / Petitioners

The applicant contends that the matter has been settled with the 2nd respondent, who is now his wife, and that continuing the criminal prosecution would undermine their peaceful family life. They rely on this court's jurisdiction under Section 482 Cr.P.C. to quash final report Annexure A2 and all proceedings in SC No. 1551 of 2019, emphasizing ends of justice and the settled status.

Contentions of Respondents

The 2nd respondent acknowledges the marriage and settlement but underscores that the offences alleged include grave offences under IPC and POCSO. However, the 2nd respondent supports quashing for ends of justice given the settlement and marriage, to avoid ongoing hardship and to protect family life; the Public Prosecutor confirms settlement and asks for favorable consideration.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Vishnu v. State of Kerala	2023 (4) KHC 1	Positive	The court cited this decision as persuasive authority for quashing criminal proceedings under POCSO where a settlement between the accused and the victim (who was a minor) is reached, and the marriage subsequently performed.

Extracted Judgment Text

Exact text extracted from official judgment records.

**==> picture [289 x 60] intentionally omitted <==** > `[ TH ]` **==> picture [475 x 118] intentionally omitted <==** ``` XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX ``` ``` BY ADVS. B.DIPU SACH DEEV SURESH REX J. ``` - `1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR PUBLIC PROSECUTOR ,HIGH COURT OF KERALA , PUBLIC PROSECUTORS OFFICE, ERNAKULAM, PIN - 682031` - `2 XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX` - `3 INVESTIGATION OFFICER INSPECTOR OF POLICE AND S.H.O.KOLLAM EAST POLICE STATION , KOLLAM ,KOLLAM HEAD POST OFFICE,KOLLAM, PIN - 691001` - `4 PRAVEEN AGED 28 YEARS RESIDING AT PREAM NIVAS,MATHILIL ,MATHILIL CHERI, THRIKOVILVATTOM ,THRIKOVILVATTOM P.O.THRIKOVILVATTOM VILLAGE,KOLLAM, PIN - 691576` - `5 INSPECTOR OF POLICE AND S.H.O INSPECTOR OF POLICE ,KOLLAM EAST POLICE STATION , KOLLAM HEAD OFFICE, KOLLAM DISTRICT, PIN - 691001` - `6 PRAVEEN AGED 28 YEARS RESIDING AT PREAM NIVAS ,MATHILIL CHERI,THRIKADAVOOR ,THRIKADAVOOR.P.O.THRIKADAVOOR VILLAGE,KOLLAM, PIN - 691601` - `(RESPONDENTS 3 TO 6 ARE REMOVED AS PER ORDER DATED 12.01.2024 IN CRL.M.A.NO.1 OF 2024)` ``` CRL.MC NO.4068 OF 2022 ``` **==> picture [12 x 7] intentionally omitted <==** ``` BY ADVS. ARUN K.J. ARUN BABU ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12.01.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` ``` CRL.MC NO.4068 OF 2022 ``` ``` 3 ``` ## **ORDER** ## **Dated this the 12[ th ] day of January , 2024** This Crl.M.C., under Section 482 of Cr.P.C., is at the instance of the sole accused in S.C.No.1551 of 2019 on the file of First Additional District and Sessions Court, Kollam, for quashing Annexure A2 charge sheet and all other proceedings pursuant there to. 2. The prosecution allegation is that the petitioner, who had a love affair with the defacto complainant, a 17 year old girl, sexually abused her and raped her on the promise of marriage. Thus he is alleged to have committed offences punishable under Sections 450, 376(2)(h)(n), 366 and 370 of IPC and Section 3, 4, 5j(ii)(I) r/w Section 6 of the Protection of Children from Sexual offences Act, 2012. 3. Learned counsel for the petitioner submitted that the matter stands settled between himself and the 2[ nd ] respondent defacto complainant, and they married each other on 16.04.2022, and now they are living happily. So, ``` CRL.MC NO.4068 OF 2022 ``` ``` 4 ``` pendency of the criminal prosecution will cast a shadow on their family life. Therefore, it is absolutely necessary to quash the final report in crime No.122 of 2019 of Eravipuram Police Station, Kollam, which is pending on the file of First Additional District and Sessions Court, Kollam as S.C.No.1551 of 2019 . 4. Heard learned counsel for the petitioner, learned counsel for the 2[ nd ] respondent-defacto complainant and learned Public Prosecutor. 5. The petitioner produced Annexure A3 affidavit filed by the defacto complaint, which shows that her marriage with the petitioner was registered as per Special Marriage Act on 16.04.2022, and Annexure A1 is the copy of their marriage certificate. 6. Learned counsel for the 2[ nd ] respondent/defacto complainant submitted that since the petitioner married the defacto complainant and they are living happily as husband and wife, it is absolutely necessary to quash the ``` CRL.MC NO.4068 OF 2022 ``` ``` 5 ``` criminal proceedings pending against the petitioner as S.C.No.1551 of 2019. 7. Learned Public Prosecutor also, on instructions, submitted that the matter stands settled between the petitioner and the 2[ nd ] respondent/defacto complainant, and they got married, and they are living together as husband and wife in a peaceful manner. 8. The alleged incident occurred, while the 2[ nd ] respondent/defacto complainant was aged only 17. The offences alleged includes an offence punishable under Section 376 of IPC and also offenses under the POCSO Act. But, the defacto complainant herself has got a case, that she was in an affair with the petitioner, and they were engaged in sexual activities on the promise of marriage. Now, it seems the promise is fulfilled, as he married her. Since the defacto complainant also wants to see that, the criminal prosecution against the petitioner is set aside, for them to lead a peaceful family life. So this Court is of the ``` CRL.MC NO.4068 OF 2022 ``` ``` 6 ``` 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 defacto complainant also. So, considering the peculiar facts and circumstances, this Court is of the view that continuation 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 A2 final report in crime No.122 of 2019 of ``` CRL.MC NO.4068 OF 2022 ``` **==> picture [12 x 7] intentionally omitted <==** Eravipuram Police Station, and all the proceedings in S.C.No.1551 of 2019 pending on the file of First Additional District and Sessions Court, Kollam. ## **Sd/-** **SOPHY THOMAS JUDGE** SSK/12/01 ``` CRL.MC NO.4068 OF 2022 ``` ``` 8 ``` ``` PETITIONER ANNEXURES ``` |`Annexure A1`|`A TRUE COPY OF THE MARRIAGE CERTIFICATE OF`| |---|---| ||`THE PETITIONER AND 3RD RESPONDENT ISSUED`| ||`BY THE SRO, ERAVIPURAM DATED 16.04.2022.`| |`Annexure A2`|`A TRUE COPY OF THE CHARGE SHEET IN`| ||`S.C.NO.1551 OF 2019 ON THE FILES OF 1ST`| ||`ADDITIONAL DISTRICT AND SESSIONS COURT,`| ||`KOLLAM DATED 25.10.2019.`| |`Annexure A3`|`ORIGINAL AFFIDAVIT EXECUTED BY THE 3RD`| ||`RESPONDENT DATED 25.04.2022.`| |`Annexure A4`|`A TRUE COPY OF THE JUDGMENT IN`| ||`CRL.M.C.NO.8778 OF 217 DATED 27.05.2019.`|