The High Court quashed criminal proceedings against an accused facing charges of rape, rape in absence of consent, cheating, and forgery. The Court allowed the Criminal Misc. Case, holding that since the parties had settled disputes and married, continuing proceedings served no public interest.
Crl.M.C. allowed; proceedings in S.C.No.721 of 2022 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 MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 20TH DAY OF SEPTEMBER 2023 / 29TH BHADRA, 1945
CRL.MC NO. 2795 OF 2021
S.C.NO.721 OF 2022 ON THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE – IV, PATHANAMTHITTA
PETITIONER/ACCUSED:
XXXX
BY ADV M.T.SURESHKUMAR
RESPONDENTS/STATE AND DEFACTO COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM,PIN-682 031.2XXXX
BY ADVS
N.BIJA KRISHNA (FOR R1)
G.SUDHEER (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
20.09.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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CRL.MC NO. 2795 OF 2021
ORDER
The petitioner is the accused in Crime No.525 of 2021 of Ranni Police Station, which is now pending as S.C.No.721 of 2022 on the file of the Additional District and Sessions Judge – IV, Pathanamthitta. The offences alleged against the petitioner are those under Sections 450, 376(2)(a)(i), 376(2)(n) and 417 of the Indian Penal Code. The allegation against the petitioner is that after promising to marry the de-facto complainant / victim, the petitioner engaged in sexual relationship with the de-facto complainant / victim and thereby he committed the offences alleged against him.
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CRL.MC NO. 2795 OF 2021
Therefore, this Crl.M.C is allowed and all further proceedings against the petitioner in S.C.No.721 of 2022 on the file of the Additional District and Sessions Judge – IV, Pathanamthitta will stand quashed .
Sd/-
GOPINATH P. JUDGE
DK
CRL.MC NO. 2795 OF 2021
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APPENDIX OF CRL.MC 2795/2021
PETITIONER’S ANNEXURES
Annexure 1TRUE COPY OF THE EXTRACT OF THE MARRIAGE
REGISTER MAINTAINED IN THE KEEKOZHOOR
CHARUVALLIKKAVU DEVI TEMPLE DATED 22.5.2021
Annexure 2TRUE COPY OF THE CERTIFICATE OF MARRIAGE
ISSUED BY THE LOCAL REGISTRAR COMMON MARRIAGES
AND SECRETARY TO CHERUKOL GRAMA PANCHAYATH
DATED 2-6-2021
Annexure 3TRUE COPY OF THE FIR AND FIS IN CRIME
NO.525/2021 OF RANNI POLICE STATION DATED
18.5.2021
Annexure 4AFFIDAVIT OF 2ND RESPONDENT DATED 17/6/2021.
2 issues framed by the court
Whether criminal proceedings under IPC sections 376, 450 and 417 can be quashed in light of a subsequent marriage and settlement between the accused and the complainant.
Whether the jurisdiction of the High Court under Section 482 of the Cr.P.C. can be invoked to achieve the ends of justice in this matter.
1 provisions across 1 enactments
XXXX
State of Kerala
XXXX
Gopinath P.
D.K.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court