Petitioner accused sought quashing of prosecution under Section 482 Cr.P.C. due to amicable settlement. Court quashed proceedings noting no abduction/compulsion, consensual elopement, and victim's desire to drop the case.
Prosecution against petitioner in S.C.No.1200/2014 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
FRIDAY, THE 18TH DAY OF DECEMBER 2015/27TH AGRAHAYANA, 1937
Crl.MC.No. 7263 of 2015 ()
SC 1200/2014 of DISTRICT & SESSIONS COURT, KOLLAM ===============
PETITIONER/ACCUSED:
MANU M, AGED 30 YEARS S/O.MOHANAN, CHARIKULAPUTHENVEEDU, PALAKKAL AYIRAKUZHI POST, KADAKKAL, KOLLAM.
BY ADV. SRI.VINOD VALLIKAPPAN
RESPONDENTS/STATE/COMPLAINANT:
1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.682 031.
2. SUMI.S.V., D/O.VIJAYAKUMARI, PANAYIL PUTHENVEEDU, VARAYARA EDATHARA POST, KADAKKAL, KOLLAM DISTRICT. 691 536.
R2 BY ADV. SRI.K.R.SAJITH R1 BY PUBLIC PROSECUTOR SRI. JUSTIN JACOB
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 7263 of 2015 ()
APPENDIX
PETITIONER'S EXHIBITS
ANNEXURE-A: CERTIFIED COPY OF THE CHARGE IN SC NO.1200 OF 2014 BEFORE THE SESSIONS COURT AT KOLLAM.
RESPONDENTS' EXHIBITS
NIL
// TRUE COPY // P.A. TO JUDGE
SD
P. UBAID, J.
Crl.M.C.No.7263 of 2015
Dated this the 18th day of December, 2015
The petitioner herein who is the sole accused in S.C.No.1200/2014 of the Court of Session, Kollam seeks orders quashing the prosecution on the ground of amicable settlement out of court. The 2nd respondent herein is the victim of offence. She is the mother of a child aged 4½ years. On 22.02.2012 she eloped with the petitioner herein who is her paramour. They stayed at different places and had even sexual relationship on many occasions. On her mother's complaint the police registered a man missing complaint which was later converted into a prosecution under Sections 366 and 498A IPC. During investigation the victim gave a statement that she eloped with her paramour, without any compulsion or enticement. Despite this statement, the police proceeded with investigation and submitted final report. Now, the whole matter stands settled forever. The victim is the wife of another person. She has filed a statement that she is happy in her matrimony, and she does not want to prosecute the matter. Even otherwise, on a perusal of the
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Crl.M.C.. No. 7263/2015
materials, I find that this is not in fact a case of abduction. It is quite clear that the victim eloped with her paramour with the object of getting married, and they stayed at many places as man and wife. It is not known how the crime happened to be converted to one under Section 366 IPC. The victim's statement given to the police shows that everything happened between her and the petitioner herein was fully consensual, and there was no compulsion, or threat, in their relationship. Any way, the whole dispute stands resolved now, and she has decided not to proceed with the matter. She probably thought it wise to let her paramour free. I find that continuance of the prosecution in such a situation will not serve any purpose, other than wasting the precious time of the court.
In the result, this petition is allowed. The prosecution against the petitioner in S.C.No.1200/2014 of the Court of Session, Kollam will stand quashed under Section 482 Cr.P.C.
P. UBAID, JUDGE
sd
// True Copy // P.A. to Judge
3 issues framed by the court
Whether the criminal prosecution should be quashed under Section 482 Cr.P.C. in light of amicable settlement and lack of abduction allegations.
Whether the continuation of the prosecution serves any purpose given the consensual nature of the elopement and current settlement.
Whether the dispute between the accused and victim has been resolved such that prosecution is no longer necessary.
1 provisions across 1 enactments
Manu M
State of Kerala
Sumi S.V.
P. UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
