Allowed

Sreejish v. Victim

Kerala HC6 Feb 2020Crl.MC/107/2020

Case brief

AI extract

What is this about?

This High Court of Kerala petition, under Section 482 CrPC, was filed to quash an FIR for aggravated penetrative sexual assault. The court allowed the plea, holding that since the victim married the accused and resides with him, continuing proceedings would detrimentally affect family life.

What did the court decide?

First Information Report in Crime No.143 of 2019 of Vadakkencherry Police Station, Palakkad and all further proceedings thereto are quashed.

Sreejish Vs Victim — Child Sexual Offences (POCSO) | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

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THURSDAY, THE 06TH DAY OF FEBRUARY 2020 / 17TH MAGHA, 1947

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Crl.MC.No.107 OF 2020(C)

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CRIME NO.143/2019 OF VADAKKENCHERRY POLICE STATION , PALAKKAD

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PETITIONER/ACCUSED:

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SREEJISH,

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AGED 25 YEARS, S/O. SREEDHARAN, MANNOOR HOUSE, MOOLAMCODE DESOM, KIZHAKKANCHERRY-I, VILLAGE, ALATHUR,PALAKKAD.

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BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)

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RESPONDENTS/DE FACTO COMPLAINANT AND STATE:

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1 VICTIM

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2 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682031.

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R1 BY ADV. UNNI SEBASTIAN KAPPEN

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SRI.AMJAD ALI SR. PP

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON

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06.02.2020, THE COURT ON THE SAME DAY PASSED THE

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FOLLOWING:

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Crl.MC.No. 107 of 2020

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P.B.SURESH KUMAR, J.

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Crl.M.C. No.107 of 2020

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Dated this the 6^th day of February, 2020

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O R D E R

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This is a proceedings instituted under Section 482 of

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the Code of Criminal Procedure for quashing the First Information Report in Crime No.143 of 2019 of Vadakkencherry Police Station, Palakkad and all further proceedings thereto.

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The petitioner is the sole accused in the said case registered for offences punishable under Sections 376(2) (f) and 376(2)(n) of the Indian Penal Code and Section 3 read with Section 4, Sections 5(j)(ii), 5(l) and 5(n) read with Section 6 of the Protection of Children from Sexual Offences Act. The accusation in the case, in essence, is that the accused has committed aggravated penetrative sexual assault on the victim girl aged 17 years on various dates between 03.02.2019 and

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Crl.MC.No. 107 of 2020

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17.02.2019 at the house of the grandmother of the accused.

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Heard the learned counsel for the petitioner,

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the learned counsel for the victim who is now aged 18 years as also the learned Public Prosecutor.

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When the case was taken up, the learned counsel for the petitioner submitted that the petitioner was maintaining a love affair with the victim girl and the case was a false one instituted on a misunderstanding. It was also pointed out that after the registration of the crime, the petitioner and the victim have sorted out the disputes and the petitioner has married the victim girl on 19.10.2019. The learned counsel for the victim girl as also the learned Public Prosecutor affirmed the plea of settlement and submitted that the victim girl is now residing with the petitioner. An affidavit is also seen filed by the victim girl to that effect.

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It is trite that heinous and serious offences like

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rape cannot be closed based on the settlement arrived at between the parties. At the same time, in Ashiq N.A. V. State

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of Kerala and Another (2019 (3) KHC 146), this court took

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Crl.MC.No. 107 of 2020

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the view that in a case of this nature where the victim girl married the accused and resides with him happily, continuance of criminal proceedings would affect detrimentally the family life of the victim and it is therefore only just and proper to quash the proceedings.

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In the light of Ashiq N.A, the Crl.M.C. is allowed and the First Information Report in Crime No.143 of 2019 of Vadakkencherry Police Station, Palakkad and all further proceedings thereto are quashed.

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P.B.SURESH KUMAR, JUDGE.

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YKB

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Crl.MC.No. 107 of 2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A

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CERTIFIED COPY OF THE F.I.R. IN CRIME NO.143/2019 OF VADAKKENCHERRY POLICE STATION, PALAKKAD DISTRICT ALONG WITH F.I STATEMENT OF THE 1ST RESPONDENT. VICTIM GIRL.

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ANNEXURE B

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TRUE COPY OF THE BIRTH CERTIFICATE OF THE 1ST RESPONDENT/VICTIM GIRL DATED 30.07.2016 ISSUED BY THE ALATHUR GRAMA PANCHAYATH.

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ANNEXURE C

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TRUE COPY OF THE MARRIAGE CERTIFICATE DATED 31.10.2019 ISSUED BY THE MARRIAGE REGISTRAR, PALAKKAD MUNICIPALITY 31.10.2019 ISSUED BY THE MARRIAGE REGISTRAR, PALAKKAD MUNICIPALITY,

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ANNEXURE D

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THE AFFIDAVIT SWORN BY THE 1ST RESPONDENT HEREIN EVIDENCING THE AFORESAID FACTUM OF SETTLEMENT.

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RESPONDENT'S/S EXHIBITS:

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NIL

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//TRUE COPY//

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PA TO JUDGE

Sreejish v. Victim

Case brief

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Sreejish v. Victim

Case brief

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