In a criminal miscellaneous petition seeking quashing of an FIR alleging offences under Sections 376(1) and 376(E) IPC, the Court considered an affidavit filed by the victim stating the complaint was based on misconception and no incident occurred.
Further proceedings against the petitioner in F.I.R. Crime No.3839 of 2021 stand 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 4TH DAY OF OCTOBER 2023 / 12TH ASWINA, 1945
CRL.MC NO. 3377 OF 2022
(FOR QUASHING ANNEXURE A1 FIRST INFORMATION REPORT IN CRIME
NO.3839/2021 OF MUVATTUPUZHA POLICE STATION, ERNAKULAM DISTRICT AND FOR CLOSING ALL FURTHER PROCEEDINGS THERIN)
PETITIONER/ACCUSED:
SAMSON JOHN AGED 31 YEARS
SON OF JOHNSON, PALLIPARAMBIL HOUSE, EZHATTUMUGHAM P O, PALLISSERY, ERNAKUALM, PRESENTLY RESIDING AT BUILDING NO.638, 309R 2802 STREET, HAMAD TOWN, BLOCK NO.1203, SOUQ WAQEF BAHRAIN, WHATSAPP NUMBER 97317414282, PIN - 680724
BY ADV LIFFY P. FRANCIS
RESPONDENT/STATE, INVESTIGATING OFFICER AND DEFACTO COMPLAINANT:
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
04.10.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2
Crl.M.C.No.3377 of 2022
ORDER
Petitioner is the accused in Crime No.3839
of 2021 of Muvattupuzha Police Station, Ernakulam District, alleging commission of offences under Sections 376(1) & 376(E) of the IPC. The allegation against the petitioner is that on 17.11.2021 at about 2.35 pm, when the defacto complainant was waiting for medical examination in the Government Hospital, Muvattupuzha for travelling to Bahrain, the accused approached her and convinced her that ECG examination is also necessary for getting employment in Bahrain and while the defacto complainant was getting her ECG done, the petitioner/accused inserted his finger into her private part and thereby the petitioner committed the offences alleged against him.
Crl.M.C.No.3377 of 2022
3
was engaged in recording the ECG of the defacto complainant as requested by her. It is submitted that
the defacto complainant has now filed an affidavit (Annexure A3) clearly stating that she had filed the complaint on the basis of misconception and no such incident as alleged by her has taken place. It is submitted that under such circumstances, proceedings against the petitioner may be quashed in exercise of the jurisdiction vested with this Court under Section 482 Cr.P.C.
Crl.M.C.No.3377 of 2022
4
taken place.
defacto complainant/victim. I have also heard the learned counsel appearing for the defacto complainant/victim. Learned counsel appearing for the defacto complainant/victim would assert that the victim stands by the affidavit filed in this Court and states that she had filed a complaint only on the basis of a misconception.
5
Crl.M.C.No.3377 of 2022
by her affidavit and she does not wish to prosecute the case.
In the light of the averments contained in Annexure A3 affidavit and considering the statement of the learned counsel appearing for the defacto complainant/victim, I am of the view that the proceedings against the petitioner can be quashed as it cannot be said that the offence alleged has been committed by the petitioner, going by the stand of the defacto complainant/victim in Annexure A3 affidavit. Therefore, this Crl.M.C. is allowed. All further proceedings against the petitioner in First Information Report in Crime No.3839 of 2021 will stand quashed.
Sd/-
GOPINATH P.
JUDGE
SSK/04/10
Crl.M.C.No.3377 of 2022
6
APPENDIX OF CRL.MC 3377/2022
PETITIONER ANNEXURES
Annexure A1 Certified copy of the F.I.R. in Crime No.3839/2021 of Moovattupuzha Police Station, Ernakulam District dated C 18.11.2021 Annexure A2 Certified copy of the First Information Statement given by de-facto complainant in Crime No.3839/2021 of Moovattupuzha Police Station, Ernakulam District dated 18.11.2021 Annexure A3 The original affidavit sworn by the 3rd respondent/de- facto complainant dated 2.03.2022
RESPONDENTS' EXHIBITS:NIL
TRUE COPY
P.A. TO JUDGE
1 issue framed by the court
Whether the criminal proceedings against the petitioner can be quashed under Section 482 Cr.P.C. on the ground of misconception of facts supported by the victim's affidavit.
1 provisions across 1 enactments
SAMSON JOHN
STATE OF KERALA
THE STATION HOUSE OFFICER, MOOVATTUPUZHA POLICE STATION
XXXXXX
GOPINATH P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
