The court quashed the FIR registered under Sec.376(F)(n) IPC and POCSO Act, 2012, holding that subsequent marriage and settlement between the accused and the victim warranted termination of proceedings under Sec.482 Cr.P.C.
Impugned FIR in Crime No.628/2017 and all further proceedings against the accused 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 ALEXANDER THOMAS
TUESDAY, THE 11TH DAY OF JUNE 2019 / 21ST JYAISHTA, 1941
Crl.MC.No. 7376 of 2017
CRIME NO. 628/2017 OF PAYYANNUR POLICE STATION, KANNUR
PETITIONER/ACCUSED:
SHAMIN P.P. S/O.P.P MURALIDHARAN, AGED 20 YEARS, RESIDING AT PARAMBATH PURAYIL HOUSE, KARANTHATT RAMANTHALI, KANNUR 670 308
BY ADV. SRI.MAHESH V RAMAKRISHNAN
RESPONDENT/STATE & DEFACTO COMPLAINANT (SOLE INJURED):
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM 682 031
2 ANAGHA R D/O.LATE K.V NARAYANAN, AGED 18 YEARS, RESIDING AT RESIDING AT PARAMBATH PURAYIL HOUSE, KARANTHATT, RAMANATHALI, KANNUR 670 308
SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR FOR R1, SRI.K.R.ARUN KRISHNAN FOR R2
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11.06.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C. No.7376 of 2017
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ALEXANDER THOMAS, J.
= = = = = = = = = = = = = = = = = Crl.M.C. No.7376 of 2017
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of June, 2019
O R D E R
Petitioner herein is the sole accused in the impugned Anx-AI FIR in Crime No.628/2017 of Payyannur Police Station, Kannur district, which has been registered for offences punishable under Secs.376(F)(n) of the Indian Penal Code and Secs.5l, 5n, 5j(ii) & 6 of the POCSO Act, 2012.
Crl.M.C. No.7376 of 2017
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crime. Now it is stated that the petitioner has married the 2nd respondent defacto complainant on 01.04.2018, as evident from Anx.-A7 Marriage Certificate. It is also stated that now the petitioner and the 2nd respondent defacto complainant have resolved their disputes and the 2nd respondent and the petitioner have produced an agreement as Anx.-A5 before this Court stating that the matter is settled between them and that she is no longer interested to proceed further with the impugned criminal proceedings and since the defacto complainant has married the petitioner, it is highly imperative that the impugned criminal proceedings are terminated by quashment of the same in view of the settlement, as otherwise her marital life would be detrimentally affected, etc.
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State of Kerala & Anr . [2017 KHC 344 = 2018(1) KLD 558] that the exception to the above approach could be in cases where the accused has married the defacto complainant and they have decided to settle all the disputes and for the predominant purpose of the welfare of the defacto complainant/victim, to ensure her better future life, it is only just and proper that this Court in exercise of the extra ordinary inherent powers under Sec.482 of the Cr.P.C could quash the impugned criminal proceedings on the ground of settlement between the parties in cases where the accused has married the defacto complainant and the defacto complainant is insisting for quashment of the impugned criminal proceedings, etc.
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The petitioner will produce certified copies of this order to the Investigating Officer concerned and the competent court below concerned. Office of Advocate General will forward copy of this order to the Investigating Officer concerned, for necessary information.
With these observations and directions, the above Crl.M.C stands finally disposed of.
Sd/ALEXANDER THOMAS JUDGE
vgd
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APPENDIX
PETITIONER'S/S EXHIBITS:
| ANNEXURE A1 | TRUE COPY OF THE DATED 01-07-2017 S.H.O PAYYANUR |
FIRST INFORMATION REPORT IN CRIME NO 0628/2017 OF |
|---|---|---|
| ANNEXURE A2 | TRUE COPY OF THE 12-09-2013 ISSUED BIRTHS & DEATHS, |
BIRTH CERTIFICATE DATED BY THE REGISTRAR OF PAYYANNUR MUNICIPALITY |
| ANNEXURE A3 | TRUE COPY OF THE 03-02-2003 ISSUED BIRTHS & DEATHS, |
BIRTH CERTIFICATE BY THE REGISTRAR OF PAYYANUR MUNICIPALITY |
| ANNEXURE A4 | TRUE COPY OF THE TAKEN BY THE PARE THE 2ND RESPONDEN |
DECISION DATED 01-05-2016 NTS OF THE PETITIONER AND T |
| ANNEXURE A5 | TRUE COPY OF THE ENTERED INTO BY T RESPONDENT |
AGREEMENT DATED 16-08-2017 HE PETITIONER AND THE 2ND |
| ANNEXURE A7 | TRUE COPY OF THE 06.04.2018 ISSUED BIRTHS & DEATHS & PAYYANUR MUNICIPA |
MARRIAGE CERTIFICATE DATED BY THE REGISTRAR OF COMMON MARRIAGES, LITY |
3 issues framed by the court
Whether an FIR registration for offences under Sec.376(F)(n) IPC and POCSO Act can be quashed under Sec.482 Cr.P.C. upon settlement after the accused married the victim.
Whether the welfare of the victim justifies quashing proceedings in rape cases where the accused and victim have settled.
Whether to quash the impugned FIR and all related criminal proceedings against the accused.
Colour shows how this judgement treated each authority
Shimbu & Anr. V. State of HaryanaReferred¶27
Shimbu & Anr. V. State of Haryana [2014 (13) SCC 318] · Who else cites this
Parbatbhai Aahir v. State of GujaratReferred¶27
Parbatbhai Aahir v. State of Gujarat [(2017) 9 SCC 641] · Who else cites this
Anita Maria Dias v. State of MaharashtraReferred¶27
Anita Maria Dias v. State of Maharashtra [(2018) 3 SCC 290] · Who else cites this
Sebastian @ Solly v. State of KeralaReferred¶27
Sebastian @ Solly v. State of Kerala [2015 (1) KLJ 384]
Freddy @ Antony Francis & Ors. v. State of Kerala & Anr.Explained¶27
Freddy @ Antony Francis & Ors. v. State of Kerala & Anr. [2017 KHC 344 = 2018(1) KLD 558]
3 provisions across 3 enactments
SHAMIN P.P.
STATE OF KERALA
ANAGHA R D/O.LATE K.V NARAYANAN
ALEXANDER THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
