Vinu K.P. v. State of Kerala and XXXX (Victim) and Station House Officer, Parappanangadi Police Station

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **TUESDAY, THE 22ND DAY OF DECEMBER 2020 / 1ST POUSHA, 1942** ## **Crl.MC.No.434 OF 2020(D)** **CRIME NO.350/2019 OF PARAPPANGADI POLICE STATION, MALAPPURAM** ## **PETITIONER/ACCUSED:** **VINU K.P. AGED 27 YEARS, S/O. VELAYUDHAN, KATTILPARAMBIL HOUSE, PALATHINGAL, ULLANAM P.O., MALAPPURAM DISTRICT.** **BY ADV. SRI.J.RAMKUMAR** ## **RESPONDENTS/STATE & DEFACTO COMPLAINANT:** **1 STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 018. 2 XXXX (VICTIM)** **3 STATION HOUSE OFFICER, PARAPPANANGADI POLICE STATION, PARAPPANANGADI, MALAPPURAM DISTRICT, PIN-676 303.** **R2 BY ADV. K.P.SUDHEER** ## **OTHER PRESENT:** ## **SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR** **THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 22.12.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** Crl.MC.No.434 OF 2020(D) 2 ## **ALEXANDER THOMAS, J.** ------------------------------------------Crl.M.C. No.434 OF 2020(D) ---------------------------------------------Dated this the 22[nd] day of December, 2020 ## **O R D E R** The prayer (as amended) in the aforecaptioned Criminal Miscellaneous Case filed under Section 482 of the Code of Criminal Procedure (Cr.P.C.), is as follows:- _"…..........to quash the proceedings in SC No.768/2020 on the file of the Additional Sessions Court-I (Special Court for PoCSO Act Cases), Manjeri, arising out of Crime No.350/2019 of Parappanangadi Police Station, Malappuram District.”_ 2. Heard Sri.J. Ramkumar, learned counsel appearing for the petitioner (sole accused), Sri.Saigi Jacob Palatty, learned Public Prosecutor, appearing for official respondents 1 & 3 and Sri.K.P. Sudheer, learned Advocate appearing for contesting respondent No.2 (lady victim). 3. The petitioner herein has been arrayed as the sole accused in the impugned Annexure A1, FIR in crime No.350/2019 of Parappanangadi Police Station, which has been registered for offences punishable under Secs.450, 376(2)(a) of Crl.MC.No.434 OF 2020(D) 3 the Indian Penal Code (IPC) and Secs.3(a) 4, 5(l) and 6 of the Protection of Children from Sexual Offences (PoCSO) Act, 2012, on the basis of the First Information Statement (FIS) given by the 2[nd] respondent (victim) on 03.11.2019 in respect of the alleged incidents which happened for the period from 01.03.2016 to 31.07.2019. The police after investigation has now filed the impugned Annexure A7, Final Report/Charge Sheet in the said Annexure A1 crime No.350/2019 of Parappanangadi Police Station, which has now led to the pendency of Sessions Case, S.C. No.768/2020, on the file of the First Additional Sessions Court (notified to deal with PoCSO cases), Manjeri, in which the petitioner herein has been arrayed as the sole accused for the abovesaid offences. 4. The brief of the prosecution case is that the date of birth of the 2[nd] respondent (victim) is 02.04.2000 and she has completed the majority age of 18 years only on 02.04.2018 and that at the time of the occurrence of the alleged incidents in March 2016, she was a minor, then aged 15 years. That there was a love affair between the petitioner and the accused, who then aged 23 years and the 2[nd] respondent (victim) and that the Crl.MC.No.434 OF 2020(D) 4 petitioner had sexual relationship with the 2[nd] respondent on various occasions for the period from March 2016 onwards and that thereby he has committed the abovesaid offences. 5. The learned counsel appearing for the petitioner would point out that even going by the prosecution case, there was a love affair between the petitioner and the 2[nd] respondent (lady victim) and that subsequently, with the blessings of both the families the marriage of the petitioner (accused) and the 2[nd] respondent (lady victim) was arranged and it is decided to be solemnised and that accordingly the petitioner and the 2[nd] respondent had submitted Annexure A5, notice of intended marriage to the statutory Marriage Registrar in terms of Sec.5 under the Second Schedule of the Special Marriage Act. That the 2[nd] respondent (lady victim) has completed majority age of 18 years on 02.04.2018. It appears that the marriage of the petitioner (accused) with the 2[nd] respondent (lady victim) has been solemnised and registered in accordance with the provisions contained in the Special Marriage Act, as can be seen from Annexure A6 statutory marriage certificate dated 25.09.2020, issued by the notified Registrar under the Crl.MC.No.434 OF 2020(D) 5 provisions of the Special Marriage Act, 1954. 6. Accordingly, learned counsel for the petitioner would submit that the impugned criminal proceedings may be quashed in view of the abovesaid extenuating circumstances, which has now arisen on account of the marriage between the parties, etc. 7. Sri.K.P. Sudheer, learned Advocate appearing for the 2[nd] respondent would submit that the 2[nd] respondent has already filed Annexure A2, affidavit dated 12.01.2020 before this Court, in this case, wherein it has been stated that the incident has occurred in the context of love affair between the parties and that the marriage between the parties will be solemnised, etc. and that the impugned criminal proceedings as against the petitioner (accused) may be quashed, etc. 8. The learned Public Prosecutor was requested to get instructions in the matter and today, when the matter has been taken up for consideration, the learned Public Prosecutor would submit that the Investigating Officer has informed that he has conducted an enquiry in the matter and has also recorded the statement of the 2[nd] respondent, who has stated that the facts Crl.MC.No.434 OF 2020(D) 6 stated by her in the abovesaid affidavit are correct and true and that her marriage between sthe petitioner has been solemnised on 25.09.2020 in accordance with the provisions contained in the Special Marriage Act, as evident from Annexure A6 marriage certificate and that the 2[nd] respondent does not wish to continue the impugned criminal proceedings, as otherwise her future marital life will be detrimentally affected, etc. 9. It is by now well settled that it may not be right and proper for this Court ordinarily quash serious and grave offence of rape as per Sec.375 of the IPC, solely on the ground of settlement between the parties [see _**Shimbhu 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 decisions as in _**Freddy @ Antony Francis v. State of Kerala**_ [2017 KHC 344 = 2018 (1) KLD 558], _**Denu P.Thampi v. Ms.X**_ [2019 (3) KHC 199 = 2019 (2) KLT 996] that in a case where the petitioner/accused has married the respondent-lady victim and they have started their married life, Crl.MC.No.434 OF 2020(D) 7 then in appropriate cases, this Court could exercise its discretion conferred under Sec.482 of the Cr.P.C to quash offences, as per Sec.376 of the IPC on the ground that the victim has subsequently married the accused, as otherwise and where it is ascertained that the marriage was on the basis of consent of the parties and not on the basis of any coercion or threat on the victim, etc. 10. Taking note of the fact that the impugned incidents have happened in the context of love affair between the parties and as now the parties have solemnised their marriage as evident from Annexure A6, affidavit this Court is inclined to take the view that the aforesaid extenuating circumstances could be taken into account for the purpose of quashment of the impugned criminal proceedings, as otherwise the future marital life of the 2[nd] respondent (victim) befittingly affected. 11. In that view of the matter it is ordered that the impugned Annexure A7, final report/charge sheet filed in the impugned Annexure A1 FIR in crime No.350/2019 of Parappanangadi police station, which has now led to the pendency of Sessions Case, S.C. No.768/2020 on the file of the Crl.MC.No.434 OF 2020(D) 8 First Additional Sessions' Court (notified to deal with PoCSO cases), Manjeri, as against the petitioner (accused) and all further proceedings emanating therefrom as against the petitioner (accused) will stand quashed and set aside. 12. The petitioner will produce certified copies of this order before the Investigating Officer concerned as well as before the First Additional Sessions Court (notified to deal with PoCSO cases), Manjeri, who is dealing with Sessions' Case, S.C. No.768/2020, for necessary information. With these observations and directions, the above criminal miscellaneous case will stand disposed. ## **Sd/-** **ALEXANDER THOMAS, JUDGE** Skk//27122020 Crl.MC.No.434 OF 2020(D) 9 ## **APPENDIX** ## **PETITIONER'S EXHIBITS:** - **ANNEXURE A1** **TRUE COPY OF THE FIRST INFORMATION REPORT DATED 3.11.2019 IN CRIME NO.350/2019 OF PARAPPANANGADI POLICE STATION.** - **ANNEXURE A2 AFFIDAVIT DATED 12.1.2020 EXECUTED BY THE 2ND RESPONDENT.** - **ANNEXURE A3 TRUE COPY OF ORDER DATED 5.1.2017 IN CRL.M.C.NO.8717/2016 ISSUED BY THIS HON'BLE COURT.** - **ANNEXURE A4 TRUE COPY OF ORDER DATED 24.5.2019 IN CRL.M.C.NO.3290/2019 PASSED BY THIS HON'BLE COURT.** - **ANNEXURE A5 TRUE COPY OF NOTICE OF INTENDED MARRIAGE ALONG WITH THE ACKNOWLEDGEMENT CUM RECEIPT ISSUED BY THE MARRIAGE OFFICER.** - **ANNEXURE A6 TRUE COPY OF CERTIFICATE OF MARRIAGE DATED 25.09.2020 ISSUED BY THE MARRIAGE OFFICER, PARAPPANANGADI, MALAPPURAM.** - **ANNEXURE A7 TRUE COPY OF CHARGE DATED 17.09.2020 IN CRIME NO.350/2019 OF PARAPPANANGADI POLICE STATION.** **RESPONDENTS' EXHIBITS: NIL**