High Court of Kerala dismissed a Criminal Misc. case filed by the sole accused seeking to quash criminal proceedings for rape and cheating, holding that factual credibility must be tested during trial.
None granted. Petition seeking quashing of criminal proceedings dismissed.
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 ZIYAD RAHMAN A.A.
FRIDAY, THE 26TH DAY OF NOVEMBER 2021 / 5TH AGRAHAYANA, 1943
CRL.MC NO. 868 OF 2017
(IN CRIME NO.1014/2015 OF YERROOR POLICE STATION, KOLLAM DISTRICT
NOW PENDING AS SC 1107/2016 OF VITH ADDITIONAL SESSIONS COURT,
KOLLAM)
PETITIONER/SOLE ACCUSED:
S.SHAJAHAN
AGED 29 YEARS
S/O.SALAHUDEEN, AGED 29 YEARS,
NOW RESIDING AT KATTADIVILA VEEDU, MANNADI P.O.,
PATHANAMTHITTA FROM SHEEJA MANSIL, ELAVAKKODE,
CHADAYAMANGALAM VILLAGE,
KOLLAM.
BY ADV SRI.MANU RAMACHANDRAN
RESPONDENTS/STATE & DE-FACTO COMPLAINANT:
1THE STATE OF KERALA
THROUGH THE INSPECTOR OF POLICE,
ANCHAL POLICE STATION, KOLLAM DISTRICT,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT COURT OF KERALA.
2THE S.I. OF POLICE
YERROOR POLICE STATION, KOLLAM DISTRICT,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA.
3SMITHA RAJ
AGED 34 YEARS, S/O.RAJ BHAVAN,
RESIDING AT RAJ BHAVAN, PALAMUKKU,
MANALIL MURI, AAYIRANALLOOR VILLAGE,
PUNALUR TALUK, KOLLAM.
BY ADV.
PP-SRI.SUDHEER GOPALAKRISHNAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
26.11.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 868 OF 2017
2
ORDER
In this Crl.M.C. the petitioner is the sole accused S.C.No.1107 of 2016 on the files of the VIth additional Sessions Court, Kollam which arises from Crime No.1014 of 2015 of Yerroor Police Station. The offences alleged against the petitioner are under Section 420, 450, 506(1) and 376 of IPC. This Crl.M.C. is filed by the petitioner to quash Annexure A2 final report in the aforesaid crime.
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CRL.MC NO. 868 OF 2017
allegations contained in Annexure A2 final report are false and only intended to harass him. The learned counsel brought my attention to the earlier complaint submitted by the 3rd respondent which is produced as Annexure A7 in the Crl.M.C. By referring the contents of Annexure A7 it was pointed out that, the same does not contain any allegation of rape. It is also pointed out that Annexure A7 complaint was submitted before the Yerroor Police Station on 28.07.2016, whereas as per allegations contained in Annexure A1 FIR, the sexual assault was reportedly claimed to be committed by the petitioner during the month of June 2015. It was also pointed out that, pursuant to Annexure A7, a settlement was arrived at before the Police between the parties and the same is evident from Annexure A9 entry contained in the General Diary. The learned counsel also brought my attention to Annexure A3 wound certificate of the petitioner herein, and by referring the same the learned counsel submits that, on the very next day of the settlement as evidenced by Annexure A9, the petitioner was subjected to assault by some persons at the behest of the 3rd respondent.
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CRL.MC NO. 868 OF 2017
that sexual intercourse was a consensual one between the parties. On the basis of the above facts, he seeks for quashing the proceedings by invoking powers of this Court under Section 482 of Cr.P.C.
Thus I do not find any merit in this Crl.M.C. and accordingly it is dismissed. However, it is made clear that all the observations and findings entered into in this order are made only for the purpose of
CRL.MC NO. 868 OF 2017
5
examining whether a case is made out for invoking Section 482 of Cr.P.C. All the contentions put forward by the petitioner are kept open
and the trial court shall consider all the said contentions untrammeled by
any of the observations contained in this order.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
scs
CRL.MC NO. 868 OF 2017
6
APPENDIX OF CRL.MC 868/2017
PETITIONE |
R ANNEX |
URE |
||
|---|---|---|---|---|
ANNEXURE |
A1- |
THE TRUENO.1014/2KOLLAM. |
COPY OF015 OF |
THE FIR IN CRIMEEROOR POLICE STATION, |
ANNEXURE |
A2- |
THE TRUEANN.A1 FI |
COPY OFR. |
THE FINAL REPORT IN |
ANNEXURE |
A3- |
THE TRUEISSUED BYCOVERINGMEDICAL O |
COPY OFMARIALETTERFFICER. |
THE WOUND CERTIFICATEHOSPITAL, ADOOR WITHISSUED BY THE CASUALTY |
ANNEXURE |
A4- |
THE TRUEADR DATEDINFORMATISTATION. |
COPY OF29/04/ON OFFI |
THE REPLY NO.14/RTI/16-2016 ISSUED BY THE PUBLICCER, ADOOR POLICE |
ANNEXURE |
A5- |
THE TRUEDATED 29/THE S.I.STATION. |
COPY OF04/2016OF POLI |
THE REPLY UNDER RTI ACTISSUED TO PETITIONER BYCE, ANCHAL POLICE |
ANNEXURE |
A6- |
THE TRUETHE PETITMOTHER. |
COPY OFIONER A |
THE COMPLAINT FILED BYLONG WITH HIS WIFE AND |
ANNEXURE |
A7- |
THE TRUEFILED BYTHE EROOROBTAINED |
COPY OFTHE DE-POLICEBY THE |
THE COMPLAINT NIL DATEDFACTO COMPLAINANT BEFORESTATION WHICH ISPETITIONER UNDER RTI ACT. |
ANNEXURE |
A8- |
THE TRUEG.D.REGISSTATION OPETITIONE |
COPY OFTER MAIN 28/07R UNDER |
THE RELEVANT PAGE OFNTAINED IN EROOR POLICE/2016 OBTAINED BY THERTI. |
ANNEXURE |
A9- |
THE TRUEPETITIONSSTATION ORTI. |
COPY OFREGISTBTAINED |
THE RELEVANT PAGE OFER OF YEROOR POLICEBY THE PETITIONER UNDER |
1 issue framed by the court
Whether discrepancies in the FIR and Final Report justify quashing criminal proceedings under Section 482 of CrPC.
1 provisions across 1 enactments
S. Shajahan
The State of Kerala
Smitha Raj
Ziyad Rahman A.A.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court