It was held that inherent powers under Section 482 CrPC can be exercised as an exceptional measure to quash proceedings in a rape case where the victim is no longer interested in continuing the matter due to remarriage and childbirth, aiming to preserve family life.
The final report stands quashed; all further proceedings dropped; the accused discharged.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.BHAVADASAN
MONDAY, THE 4TH DAY OF MARCH 2013/13TH PHALGUNA 1934
Crl.MC.No. 3895 of 2012 ()
AGAINST THE ORDER/JUDGMENT IN SC.NO.226/2009 OF ADDL.DISTRICT AND SESSIONS COURT (ADHOC-II)KASARAGODE
CRIME NO. 185/2008 OF NILESWARAM POLICE STATION , KASARGOD DISTRICT
PETITIONER/ACCUSED:
M.V.ANILKUMAR,AGED 39 YEARS, RESIDING AT MOOLAKKE VEEDU, KARYALAM, MALAPPACHERRY, MADIKAI, HOSDURG, KASARAGOD.
BY ADVS.SRI.MURUGAN P.V. SRI.C.K.SREEJITH
RESPONDENTS/STATE AND DEFACTO COMPLAINANT:
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. P.M.DIVYA, , AGED 24 YEARS, D/O. BHARATHAN, RESIDING AT AZHITHALA, PADNE, HOSDURG, KASARAGOD - 671 315.
R1 BY PUBLIC PROSECUTOR SMT. R. REMA R2 BY ADV. SMT.MARY RANZOM LOUIZ
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 04-03-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Kss
CRMC.NO.3895/2012
APPENDIX
PETITIONER'S ANNEXURES: ANNEX.A1: COPY OF THE FIR IN CRIME NO.185/2008. ANNEX.A2: COPY OF THE FINAL REPORT IN CRIME NO.185/2008. RESPONDENT'S ANNEXURES: N I L /TRUE COPY/ P.A.TO JUDGE Kss
P.BHAVADASAN, J.
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Crl.M.C. No. 3895 OF 2012
- - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 04th day of March, 2013
O R D E R
The petitioner is the accused in Crime No. 185 of 2008 of Nileswaram Police Station who is alleged to have committed offence punishable under Section 376 of IPC. After investigation, final report was filed before the court concerned. Cognizance of the offence was taken and finding that the offence are exclusively triable by a Court of Sessions and the learned Magistrate have committed the case to Sessions Court, Kasaragod for trial and disposal. The said court made over the case to Additional District and Sessions Court (Adhoc-II), Kasaragod, where it is pending as S.C.No.226/2009.
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the accused. It is also pointed out by her that she had got married to another person and also delivered a child. It is extremely embarrassing for her to appear before the court and to give evidence in the matter which may make her matrimonial life miserable. The defacto complainant points out that she is not interested in continuing with the case. It is also asserted that she has no complaint against the accused.
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any exception. But the Apex Court went on to hold that in certain cases where the matter is not covered by Section 320 wherein the parties have settled their disputes outside the court and the complainant or the victim is not interested in proceeding with the matter and wants to give a quietus to the dispute between the victim and the accused, the court may in appropriate cases exercise its powers under Section 482 and quash the proceedings. But the Apex Court has cautious that this is an exceptional power to be exercised in exceptional circumstances. The Apex Court has also pointed out that in certain circumstances like Sections 302, 376 etc., it may not be appropriate for the court to exercise its inherent powers under Section 482. But the Apex Court has also added that each case should be considered on its merits and facts disclosed in that case.
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peaceful matrimonial life and she has given birth to a child. She therefore feels that she does not want to create an issue and cause threat to her matrimonial life. She therefore wants to bury the issue and does not intend to proceed with the matter.
Considering the above facts and considering the necessity to preserve a matrimonial and family life of the petitioner as well as the victim, it is felt that it is only appropriate for this Court to exercise its inherent powers under Section 482 in the instant case and provides relief to the petitioner as well as the victim.
Under the above circumstances, this petition is allowed. The final report shall stand quashed. All further proceedings in S.C.No.226/2009 shall stand dropped and the accused shall stand discharged.
P.BHAVADASAN, JUDGE
ds
2 issues framed by the court
Whether inherent powers under Section 482 CrPC can be exercised to quash proceedings in a non-compoundable rape case after an out-of-court settlement.
Whether the exceptional circumstances of the victim's remarriage and birth of a child justify quashing criminal proceedings under Section 376 IPC.
Colour shows how this judgement treated each authority
Giansingh v. State of PunjabReferred¶31
Giansingh v. State of Punjab [2012 (10) SCC 303] · Who else cites this
3 provisions across 2 enactments
M.V.Anilkumar
State of Kerala
P.M.Divya
P. Bhavadasan
As recorded by the court registry
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