This Criminal Misc. Case was filed to quash proceedings against a sole accused charged with sexual exploitation under false promise of marriage. The High Court quashed the case based on evidence of marriage between the parties.
Criminal Misc. Case allowed; further proceedings in Crime No.16/2022 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.
TUESDAY, THE 17TH DAY OF OCTOBER 2023 / 25TH ASWINA, 1945
CRL.MC NO. 477 OF 2022
PETITIONER/SOLE ACCUSED:
FAISAL
AGED 30 YEARS
FAISAL MANZIL, THOPPUVAYALIL HOUSE, VADAKKEVILA.P.O.
KOLLAM, PIN - 691010
BY ADV T.R.RAJAN
RESPONDENT/S:
1 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, THE HIGH COURT OF KERALA, ERNAKULAM. ERNAKULAM, PIN - 6820312 THE SUB INSPECTOR OF POLICE KOLLAM WEST POLICE STATION, KOLLAM DISTRICT KOLLAM, PIN - 6910013 XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX BY ADVS. ADVOCATE GENERAL OFFICE KERALA SAJU J PANICKERSRI NOUSHAD K.A. (SR PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
17.10.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 477 OF 2022 2
ORDER
Petitioner is the sole accused in Crime No.16/2022 of Kollam West police station, Kollam district, alleging commission of offences punishable under Section 376(2)(n of the Indian Penal Code.
CRL.MC NO. 477 OF 2022 3
appearing for the 3rd respondent and considering the facts and circumstances of the case, I am of the opinion that no offence under Section 376(2)(n) of the Indian Penal Code can be stated to have been committed by the petitioner. Specific allegation against the petitioner is that he had entered into sexual relationship with the victim on the false promise of marriage. Annexure-A5 marriage certificate shows that the petitioner had married the de facto complainant/victim on 04.05.2022. Therefore, this is a fit case where jurisdiction of this Court under Section 482 Cr.P.C can be exercised and further proceedings against the petitioner can be quashed.
Accordingly, the Crl.M.C is allowed and all further proceedings in Crime No.16/2022 of Kollam West police station will stand quashed as against the petitioner.
Sd/-
GOPINATH P.
JUDGE
ajt
CRL.MC NO. 477 OF 2022 4
APPENDIX OF CRL.MC 477/2022
PETITIONER ANNEXURES
Annexure1CERTIFIED COPY OF FIR NO 16/2022 OF THE
KOLLAM WEST POLICE STATION, KOLLAM DISTRICT
Annexure2TRUE COPY OF THE AGREEMENT DATED 5/1/2022
EXECUTED BETWEEN THE 3RD RESPONDENT AND THE
PETITIONER
Annexure3TRUE COPY OF THE AFFIDAVIT DATED 13/1/2022
SWORN TO BY THE 3RD RESPONDENT
2 issues framed by the court
Whether an offence under Section 376(2)(n) IPC was committed by the petitioner marrying the victim subsequently.
Whether jurisdiction under Section 482 CrPC can be exercised to quash criminal proceedings against the petitioner.
2 provisions across 2 enactments
Faisal
The State of Kerala
Gopinath P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court