Allowed

Xxxx v. State of Kerala

Kerala HC11 Oct 2023Crl.MC/421/2021

Case brief

AI extract

What is this about?

The High Court of Kerala, in a criminal miscellaneous case, granted prayer to quash pending proceedings against the petitioner for offences including rape and molestation under IPC and POCSO sections. The court held that since the parties have married and are living happily, continuing trials would be prejudicial to the victim and no public purpose would be served.

What did the court decide?

Criminal Misc. Case No. 421/2021 allowed; further proceedings in S.C. 531/2020 quashed.

Xxxx Vs State of Kerala — Quashing and FIR | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE GOPINATH P.

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WEDNESDAY, THE 11^TH DAY OF OCTOBER 2023 / 19TH ASWINA, 1945

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CRL.MC NO. 421 OF 2021

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AGAINST THE ORDER/JUDGMENT SC 531/2020 OF DISTRICT COURT & SESSIONS COURT, PALAKKAD

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PETITIONER/S:

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XXXX AGED 25 YEARS X BY ADVS. A.T.ANILKUMAR SMT.V.SHYLAJA

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

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2 SUB INSPECTOR OF POLICE PALAKKAD TOWN SOUTH POLICE STATION, PALAKKAD DISTRICT, PIN-678 013.

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3 XXX X BY ADV KRISHOB K.NAIR

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OTHER PRESENT:

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SRI VIPIN NARAYAN (SR PP)

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11.10.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl. M.C. No.421/2021

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-2-

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O R D E R

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The petitioner is the accused in Crime No.898/2019 of Palakkad Town South Police Station which is now pending as S.C 531/2020 on the file of the District and Sessions Court, Palakkad alleging commission of offence punishable under Sections 363, 376 (2) (n), 354 (A)(l)(i) of the Indian Penal Code Section 4 read with 3 (a) (b), 6 read with 5 (l), 8 read with 7, 4 (l) read with 3 of the Protection of Children from Sexual Offences Act, 2012 (the POCSO Act).

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The learned counsel appearing for the petitioner would submit that the petitioner and the alleged victim were in a relationship. It is alleged that when the victim was 17 years 10 months and 17 days old, she eloped with the petitioner. It is submitted that the crime came to be registered on the basis of a man missing complaint filed by the father of the victim. It is submitted that after the victim attained the age of majority a marriage has been solemnised between the petitioner and the victim. It is submitted that Annexure-E produced along with Crl. M.A. No.2/2022 is the Marriage Certificate evidencing the marriage between the petitioner and the victim. The above facts are confirmed by the learned Public Prosecutor and the counsel appearing for the victim (R3).

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Having heard the learned counsel appearing for the petitioner, the learned Public Prosecutor and the learned counsel appearing for the victim, I am of the view that the proceedings against the petitioner can be quashed in exercise of jurisdiction of this Court under Section 482 of Cr.P.C. The facts in the case indicate that the victim had eloped with the petitioner at a time when she had almost attained the age of majority. The petitioner and the victim thereafter got married as

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Crl. M.C. No.421/2021 -3-

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is evident from Annexure-E produced along with Crl. M.A. No.2/2022. Annexure-E is the Marriage Certificate issued by the Local Registrar of Marriages, Pirayiri Grama Panchayat. In Vishnu v. State of Kerala; 2023 (4) KHC 1 this court has held that, proceedings of such nature can be quashed if this court were to reach a conclusion that continuation of the proceedings will be prejudicial to the victim as well. Considering the fact that the petitioner had married the victim and they are living happily as husband and wife, it would be prejudicial to the victim if the proceedings against the petitioner are continued. Further, I note that the alleged victim was aged 17 years 1o months and 17 days at the time when she eloped with the petitioner. No public purpose would be served by continuing with the proceedings against the petitioner, in S.C 531/2020 on the file of the District and Sessions Court, Palakkad.

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Therefore this Criminal M.C is allowed and all further proceedings against the petitioner, in S.C 531/2020 on the file of the District and Sessions Court, Palakkad will stand quashed.

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Sd/- GOPINATH P. JUDGE

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AMG

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Crl. M.C. No.421/2021

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-4-

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APPENDIX OF CRL.MC 421/2021

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PETITIONER ANNEXURES

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ANNEXURE A THE TRUE COPY OF THE COMPLAINT SUBMITTED BY THE FATHER OF 3RD RESPONDENT DATED 30.11.2019. ANNEXURE B THE CERTIFIED COPY OF THE FIR IN CRIME NO.0898/2019 DATED 14.12.2019. ANNEXURE C THE CERTIFIED COPY OF FINAL REPORT NO.449/19 DATED 30.07.2020 IN SC 531/2020 DISTRICT AND SESSIONS COURT, PALAKAKD. ANNEXURE D THE TRUE COPY OF THE AFFIDAVIT FILED BY THE 3RD RESPONDENT DATED 20.12.2020.

Xxxx v. State of Kerala

Case brief

What is this about?

What did the court decide?

Xxxx v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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