VIBIN WILSON and SOURAV P.S. v. STATE OF KERALA and OTHERS

**==> picture [289 x 60] intentionally omitted <==** ``` ND ``` **==> picture [464 x 105] intentionally omitted <==** - `1 VIBIN WILSON AGED 34 YEARS S/O WILSON, KAVUNGAL VEEDU, KUTTOOR, KUTTOOR P.O, KOLAZHI VILLAGE, THRISSUR DISTRICT & NOW RESIDING AT KAVUNGAL VEEDU, MAILADUMKUNNU, VARADIYAM, AVANOOR P.O & VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT, PIN - 680541` - `2 SOURAV P.S AGED 25 YEARS S/O SURESH, PARAPPURATHU VEEDU, KAIPARAMBU P.O & VILLAGE, THRISSUR TALUK AND THRISSUR DISTRICT, PIN - 680546` ``` BY ADVS. MANU RAMACHANDRAN M.KIRANLAL R.RAJESH (VARKALA) SAMEER M NAIR GEETHU KRISHNAN SAILAKSHMI MENON ``` - `1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031` - `2 THE STATION HOUSE OFFICER KOODAL POLICE STATION, PATHANAMTHITTA DISTRICT, PIN - 689693` - `3 XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX` - `4 XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX` ``` CRL.MC NO.2627 OF 2023 ``` **==> picture [15 x 9] intentionally omitted <==** ``` SR.PP-SRI.VIPIN NARAYANAN ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` ``` CRL.MC NO.2627 OF 2023 ``` ``` 3 ``` ## **ORDER** ## **Dated this the 22[ nd ] day of February , 2024** This Crl.M.C., under Section 482 of Cr.P.C., is at the instance of accused Nos.1 and 2 in S.C.No.455 of 2021 on the file of Additional Sessions Court-I(Special Court), Pathanamthitta, for quashing Annexures A1 to A3 and all other proceedings pursuant there to. 2. The prosecution allegation is that the 1st petitioner, who was in a love affair with the victim girl aged 17 years, abducted her from the lawful custody of the defacto complainant/mother, with the aid of the 2nd petitioner, and sexually abused her and raped her on the promise of marriage. Thus they are alleged to have committed offences punishable under Sections 354, 354A, 354B, 366, 376(2)(n), 506(i) and Section 201 r/w Section 34 of IPC and Section 6 r/w Section 5(1), Section 8 r/w Section 7 and Section 17 r/w Section 16 of the Protection of Children from Sexual offences Act, 2012, and Section 84 ``` CRL.MC NO.2627 OF 2023 ``` ``` 4 ``` of the Juvenile Justice (Care and Protection of Children) Act, 2015. 3. Learned counsel for the petitioners submitted that the matter stands settled between themselves as well as respondents 3 and 4, as the 1st petitioner married the 4th respondent/victim on 18.10.2021, and now they are living happily together with their child. So, pendency of the criminal prosecution will cast a shadow on their family life. Therefore, it is absolutely necessary to quash Annexures A1 to A3 in crime No.71 of 2021 of Koodal Police Station, Pathanamthitta, which is pending on the file of Additional Sessions Court-I(Special Court), Pathanamthitta as S.C.No.455 of 2021. 4. Heard learned counsel for the petitioners, learned counsel for respondents 3 and 4 and learned Public Prosecutor. ``` CRL.MC NO.2627 OF 2023 ``` ``` 5 ``` 5. The petitioners produced Annexures A8 and A9 affidavits filed by the defacto complaint and the victim, which will show that marriage of the victim with the petitioner was registered as per Special Marriage Act on 18.10.2021, and Annexure A7 is the copy of their marriage certificate. 6. Learned counsel for respondents 3 and 4 submitted that since the 1st petitioner married the 4th respondent/victim and they are living happily as husband and wife with their child, it is absolutely necessary to quash the criminal proceedings pending against the petitioners as S.C.No.455 of 2021. 7. Learned Public Prosecutor also, on instructions, submitted that the matter stands settled between the petitioners and respondents 3 and 4, and the 1st petitioner married the 4th respondent, and they are living together as husband and wife with their child, in a peaceful manner. ``` CRL.MC NO.2627 OF 2023 ``` ``` 6 ``` 8. The alleged incident occurred, while the 4[ th ] respondent/victim was aged only 17. The offences alleged includes 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 1st petitioner, and they were engaged in sexual 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 petitioners is set aside, for her to lead a peaceful family life with the 1st 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 petitioners 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 ``` CRL.MC NO.2627 OF 2023 ``` ``` 7 ``` 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 1st 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 of the criminal proceedings against the petitioners 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 Annexures A1 to A3 in crime No.71 of 2021 of Koodal Police Station, Pathanamthitta, and all the proceedings in S.C.No.455 of 2021, pending on the file of Additional Sessions Court-I (Special Court), Pathanamthitta. **Sd/SOPHY THOMAS JUDGE** SSK/22/02 ``` CRL.MC NO.2627 OF 2023 ``` ``` 8 ``` ## `PETITIONER ANNEXURES` |`Annexure A1`|`The certified copy of the Final report in`| |---|---| ||`Crime No. 71/2021 of Koodal Police`| ||`Station, Pathanamthitta District now`| ||`pending No.455/20 on the files of Addl.`| ||`Sessions Court-I (Special Court)`| ||`Pathanamthitta`| |`Annexure A2`|`The certified copy of report under 173(8)`| ||`of Cr.PC filed in S.C No.455/2021 on the`| ||`tiles of Add! Sessions Court-I (Special`| ||`Court), Pathanamthitta`| |`Annexure A3`|`The certified copy of the FIR in Crime`| ||`No.71/2021 of Koodal Police Station,`| ||`Pathanamthitta District along with earlier`| ||`statements of the 4th respondent/victim,`| ||`reports and the report altering the`| ||`allegations was forwarded to the Addl.`| ||`Sessions Court-I (Special Court),`| ||`Pathanamthitta with a covering letter`| ||`no.Kdl. Cr.71/21 dated 19.02.2021 by the`| ||`JFMC-I, Pathanamthitta`| |`Annexure A4`|`The true copy of the S.164 Cr.PC statement`| ||`of the 4th respondent/victim recorded on`| ||`the 13.02.2021`| |`Annexure A5`|`The true copy of the birth certificate of`| ||`the 4th respondent/victim vide reg.`| ||`no.502/2003 issued on 24.10.2013 by the`| ||`Municipality of Mavelikara`| ``` CRL.MC NO.2627 OF 2023 ``` ``` 9 ``` |`Annexure A6`|`The true copy of the Secondary School`| |---|---| ||`Examination Certificate dated 06.05.2019`| ||`of the 4th respondent/victim issued by`| ||`CBSE`| |`Annexure A7`|`The certificate of marriage vide`| ||`no.27/2021 of the accused no.1 and 4th`| ||`respondent/victim dated 18.10.2021 issued`| ||`by Marriage Officer, Mundur`| |`Annexure A8`|`The original of the affidavit dated`| ||`15.03.2023 sworn by the 3rd`| ||`respondent/de-facto complainant`| |`Annexure A9`|`The original of the affidavit dated`| ||`15.03.2023 sworn by the 4th`| ||`respondent/victim`|