The High Court quashed FIR and proceeding under Section 482 CrPC in a rape case involving accused persons and the complainant, finding that the dispute was amicably settled and continuing prosecution would serve no purpose.
F.I.R and further proceedings in Crime No. 548/2014 of Kollam East Police Station were quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
THURSDAY, THE 3RD DAY OF SEPTEMBER 2015/12TH BHADRA, 1937
Crl.MC.No. 5474 of 2015 ()
CRIME NO. 548/2014 OF KOLLAM EAST POLICE STATION, KOLLAM DISTRICT ===============
PETITIONER/ACCUSED:
1. GOPAKUMAR @ KANNAN, AGED 27 YEARS
2. SURESH, AGED 30 YEARS S/O.SADASIVAN PILLAI, VELIYIL VEEDU, ERAVIPURAM KOLLAM DISTRICT, NOW RESIDING AT SARGGADHARA NAGAR
3. MALLIKA, AGED 50 YEARS
4. MANJU, AGED 26 YEARS
BY ADVS.SMT.S.SEETHA
RESPONDENTS/DE-FACTO COMPLAINANT & STATE:
1. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOLLAM EAST POLICE STATION THOURGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM-682 031.
2. NITHYAMOL, AGED 28 YEARS D/O.VALSALA, S.S.VILLA, NATIONAL NAGAR-122 VAYALITHOPPU, POLAYATHODE P.O., VADAKKEVILA VILLAGE KOLLAM DISTRICT-691 122.
R2 BY ADV. SRI.PRATHEESH.P
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 03-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 5474 of 2015 ()
APPENDIX
PETITIONERS' EXHIBITS
ANNEXURE-1. TRUE COPY OF THE FIR WITH FIS IN CRIME NO.548/2011 OF KOLLAM EAST POLICE STATION.
ANNEXURE-2. TRUE COPY OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT REGARDING COMPROMISE DATED 13/8/2015.
RESPONDENTS' EXHIBITS
NIL
TRUE COPY P.A. TO JUDGE
SD
P. UBAID, J.
Crl.M.C.No.5474 of 2015
Dated this the 3rd day of September, 2015
The petitioners seek orders quashing the F.I.R and further proceedings in Crime No.548/2014 of the Kollam East Police Station, registered under Sections 376, 323, 506(i) and 34 IPC 3(1)(xi) and 3(2)(V) of the SC/ST (Prevention of Atrocities) Act, on the complaint of one Nithyamol. Orders are sought on the ground of amicable settlement of the whole dispute between the accused and the de facto complainant out of court. The de facto complainant Nithyamol is the 2nd respondent in this proceeding brought under Section 482 of the Code of Criminal Procedure. She has filed affidavit to the effect that she has settled the whole dispute with the accused, and she has no grievance or complaint. The victim appeared in court along with the 1st petitioner, and they submitted that they are leading a very happy matrimonial life as husband and wife. On interacting with them, I find that the complaint happened to be made by the victim on some misapprehension when the 1st petitioner caused some delay in the
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Crl.M.C.. No. 5474/2015
proposed marriage. Any way, the whole dispute stands resolved forever. In such a situation, continuance of prosecution will definitely defile their matrimony. I also find that this not in fact a case of rape. Any way, the whole dispute stands resolved forever, and the victim does not want to prosecute the matter.
In the result, this petition is allowed. The F.I.R and further proceedings in Crime No.548/2014 of the Kollam East Police Station will stand quashed under Section 482 of the Code of Criminal Procedure.
P. UBAID, JUDGE
sd
2 issues framed by the court
whether the High Court can quash the FIR and proceedings under Section 482 CrPC despite the offence being non-compoundable under the SC/ST Act due to amicable settlement
whether continuance of prosecution serves any purpose given the resolution of the matrimonial dispute and absence of grievance by the victim
7 provisions across 3 enactments
GOPAKUMAR @ KANNAN, AGED 27 YEARS
SURESH, AGED 30 YEARS
MALLIKA, AGED 50 YEARS
MANJU, AGED 26 YEARS
STATE OF KERALA
NITHYAMOL, AGED 28 YEARS
P.UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
