In Crl.MC No. 1181/2019, the High Court of Kerala allowed the petition and quashed pending proceedings against the accused in a criminal case involving rape allegations, noting settlement and victim's consent to withdraw prosecution.
Criminal Misc. No. 1181/2019 allowed; further proceedings in C.P. 30/2021 quashed against the petitioner.
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 GOPINATH P.
THURSDAY, THE 14TH DAY OF SEPTEMBER 2023 / 23TH BHADRA, 1945
CRL.MC NO. 1181 OF 2019
PETITIONER/S:
SARATH.S.,AGED 24 YEARS,S/O. SUDARSHANAN, MALAYADI, THOLIKKODU, THIRUVANANTHAPURAM RURAL, THIRUVANANTHAUPRAM.
BY ADV M.M.BABY
RESPONDENT/S:
1 STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
2 VICTIMVICTIM
BY ADV SONIA STEPHEN
OTHER PRESENT:
SMT. SREEJA V (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14.09.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl. M.C. No.1181/2019
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O R D E R
The petitioner is the accused in Crime No.2297/2018 of Vanchiyoor Police Station, Thiruvananthapuram alleging commission of offence under Sections 506, 376 (z) (n) and 323 of the Indian Penal Code.
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Crime No.2297/2018 of Vanchiyoor Police Station, Thiruvananthapuram (now pending as C.P 30/2021 on the file of the Judicial First Class Magistrate Court-XI, Thiruvananthapuram) can be quashed as against the petitioner. No public interest will be served by continuing with the prosecution.
Therefore this Criminal M.C is allowed and all further proceedings against the petitioner in C.P 30/2021 on the file of the Judicial First Class Magistrate Court-XI, Thiruvananthapuram will stand quashed.
Sd/- GOPINATH P. JUDGE
AMG
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APPENDIX OF CRL.MC 1181/2019
PETITIONER ANNEXURES
ANNEXURE A TRUE COPY OF THE FIR NO.2297/2018, VANCHIYOOR POLICE STATION, THIRUVANANTHAPURAM. ANNEXURE B TRUE COPY OF THEIR PROCEEDINGS OF WOMEN'S COMMISSION. ANNEXURE C AFFIDAVIT OF 2ND RESPONDENT. ANNEXURE D COPY OF SELF ATTESTED IDENTITY CARD OF 2ND RESPONDENT.
1 issue framed by the court
Whether Criminal Misc. No. 1181/2019 should be allowed and proceedings quashed in view of settlement and victim not wishing to continue
1 provisions across 1 enactments
SARATH.S.
STATE OF KERALA
VICTIMVICTIM
Gopinath P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
