The court quashed criminal proceedings against the accused for kidnapping and rape of a minor, following their subsequent marriage and settlement. The court held that continuation would defeat marital peace and ends of substantial justice.
The criminal case Crl.M.C. No. 1440 of 2021 is allowed and further proceedings in S.C.No.575/2019 are 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 MRS. JUSTICE M.R.ANITHA
TUESDAY, THE 16TH DAY OF NOVEMBER 2021 / 25TH KARTHIKA, 1943
CRL.MC NO. 1440 OF 2021
Crime No.1091/2018 of Kanakakkunnu Police Station, Alappuzha District
PETITIONER/ACCUSED:
SANDEEP
AGED 27 YEARS
S/O. SATHEESAN, CHEMPAZHANTHI HOUSE,
KEERIKKAD THEKKU MURI, KEERIKKAD VILLAGE,
KATHIKAPPLLI TALUK, MUTHUKULAM P.O.
ALAPPUZHA DISTRICT 690 508.
BY ADV M.G.SREEJITH
RESPONDENTS/S TATE/COMPLAINANT & VICTIM:
1STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM DISTRICT 682 031.
2 THE STATION HOUSE OFFICER KANAKAKKUNNU POLICE STATION, ALAPPUZHA DISTRICT 690 501.3 XXX XXXBY ADV MERSEENA VINCENT
BY ADV. RENJIT GOERGE,PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
16.11.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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CRL.MC NO. 1440 OF 2021
ORDER
This Crl.M.C. has been filed seeking to quash the final report and all further proceedings in S.C.No.575/2019 on the file of the Fast Track Special Court, Haripad, which arose out of crime No.1091/2018 of Kanakakkunnu police station, which is registered for the offences punishable under Sections 363, 376(2)(j)(n) of the Indian Penal Code and Sections 3(a) read with 4 and 5(j)(ii) and 5(l) read with 6 of the Protection of Children from sexual offences Act, 2012.
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CRL.MC NO. 1440 OF 2021
4
CRL.MC NO. 1440 OF 2021
v. Ms.X and Another [2019 (3) KHC 199] also had occasion to consider in a situation, where a case involving 376 of IPC, has been quashed in view of the subsequent settlement and marriage between the victim and the accused.
CRL.MC NO. 1440 OF 2021
5
life. Hence, I am of the view that it would be just and proper for doing complete justice to the parties to quash the entire proceedings pending against the petitioner in crime No.1091/2018 of Kanakakkunnu police station.
In the result, this Crl.M.C. stands allowed and the further proceedings in S.C.No.575/2019 on the file of the Fast Track Special Court, Haripad, which arose out of crime No.1091/2018 of Kanakakkunnu police station, against the petitioner is hereby quashed.
Sd/-
M.R.ANITHA
JUDGE
nkr
CRL.MC NO. 1440 OF 2021
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APPENDIX OF CRL.MC 1440/2021
PETITIONER ANNEXURE
ANNEXURE 1TRUE COPY OF FINAL REPROT IN S.C. NO.
575/2019 IN THE FILES OF FAST TRACK
SPECIAL COURT, HARIPAD (IN SEALED
COVER).
ANNEXURE 2TRUE COPY OF MARRIAGE CERTIFICATE DATED
15.01.2020 ( IN SEALED COVER).
ANNEXURE 3AFFIDAVIT FILED BY THE 3RD RESPONDENT
DATED 01.03.20201 (IN SEALED COVER).
1 issue framed by the court
Whether criminal proceedings under Section 376 IPC and POCSO Act should be quashed on account of subsequent marriage and settlement between the accused and the victim.
Colour shows how this judgement treated each authority
Ashiq v. State of KeralaReferred¶26
Ashiq v. State of Kerala [2019(2) KLT 1130]
Saju P.R. v. State of KeralaReferred¶29
Saju P.R. v. State of Kerala [Crl.A.No.1740/2019]
Denu P. Thampi v. Ms.X and AnotherReferred¶30
Denu P. Thampi v. Ms.X and Another [2019 (3) KHC 199]
2 provisions across 2 enactments
Sandeep
State of Kerala
Third Respondent
M.R. Anitha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
M.R. Anitha
Parties & counsel