The High Court of Kerala quashed pending criminal proceedings in a Sessions Court. The court found that FIR and complaint statements revealed consensual relations between parties and no forcible act, perjury, or cheating by the petitioner.
All further proceedings in S.C.No.1471 of 2018 pending on the files of Sessions Court, Thiruvananthapuram 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 DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 9TH DAY OF DECEMBER 2022 / 18TH AGRAHAYANA, 1944
CRL.MC NO. 5798 OF 2019
CRIME NO.1499/2017 OF PALODE POLICE STATION, THIRUVANANTHAPURAM
SC 1471/2018 OF DISTRICT COURT & SESSIONS COURT, TRIVANDRUM PETITIONER/ACCUSED NO.1:
DINU, AGED 27 YEARS S/O. CHANDRAN NAIR, DEEPU BHAVAN, BLOCK NO.8, CHIPPANCHIRA, KARIMANCODE, PERINGAMALA VILLAGE, THIRUVANANTHAPURAM
BY ADVS. S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY SRI.P.P.SHAMEER
RESPONDENTS/COMPLAINANT/STATE (VICTIM):
1 STATE OF KERALA
REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031 (CRIME NO.1499/2017 OF PALODE POLICE STATION, THIRUVANANTHAPURAM DISTRICT)
2 VICTIM XX
BY ADV REKESH VR, SRI.P.G.MANU, SR.P.P.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09.12.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 5798 OF 2019
2
O R D E R
This Crl.M.C has been filed to quash all further proceedings in S.C.No.1471 of 2018 on the files of the Sessions Court, Thiruvananthapuram.
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CRL.MC NO. 5798 OF 2019
reading of the FIS would show that the petitioner and the 2nd respondent/victim were in love and they had consensual sexual intercourse prior to the marriage of the victim with another person. Even after the victim contracted a marriage, she continued her relationship with the petitioner and had consensual sexual intercourse with him on several occasions. There is no case for the victim that any of the sexual act was forcible in nature. There is also no specific allegation that she consented to sex persuaded by the promise given by the petitioner that he would marry her. That apart, since the 2nd respondent is a married woman, she cannot take a contention that she was subjected to sex persuaded by the promise given by the petitioner that he would marry her. She knew pretty well that she being a married woman, it is not possible for her to legally marry the petitioner. Section 365 of IPC also will not be attracted, since admittedly, the victim went with the petitioner voluntarily. There is no case that the petitioner induced the victim to part with the money and the gold ornaments. The only case is that she gave money and gold ornaments to the petitioner which were not returned. So the basic ingredients of Section 420 of IPC also is not attracted. When the offence under IPC are not attracted, Section 3(2)(v)of the SC/ST (PoA) Act also will not be attracted. Hence,
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CRL.MC NO. 5798 OF 2019
none of the offences alleged against the petitioner are attracted.
For the reason stated above, no purpose will be served in proceeding further with the matter. Accordingly, all further proceedings in S.C.No.1471 of 2018 pending on the files of Sessions Court, Thiruvananthapuram are hereby quashed.
This Crl.M.C is allowed.
Sd/-
DR.KAUSER EDAPPAGATH, JUDGE
AS
CRL.MC NO. 5798 OF 2019
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APPENDIX OF CRL.MC 5798/2019
PETITIONER'S ANNEXURES:
ANNEXURE-I TRUE COPY OF THE FIR IN CRIME NO.1499 OF 2017 OF PALODE POLICE STATION
ANNEXURE-II TRUE COPY OF THE STATEMENT OF THE 2ND RESPONDENT RECORDED UNDER SECTION 164 CR.P.C.
ANNEXURE-III CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.1499 OF 2017 OF PALODE POLICE STATION
2 issues framed by the court
Whether the ingredients of offences under IPC and SC/ST (PoA) Act are attracted in the present case.
Whether proceedings in the criminal trial can be quashed upon settlement and finding of insufficient allegations.
3 provisions across 3 enactments
DINU
STATE OF KERALA
VICTIM XX
DR. KAUSER EDAPPAGATH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
DR. KAUSER EDAPPAGATH
Parties & counsel
