Allowed

Shon P Kurian v. State of Kerala

Kerala HC12 Oct 2023Crl.MC/916/2023

Case brief

AI extract

What is this about?

In a criminal miscellaneous case, the High Court of Kerala quashed pending criminal proceedings against a petitioner accused of offences under Sections 376(2)(n), 406 and 420 IPC. The court observed that the petitioner and the defacto complainant were now married and living together as husband and wife with settled property disputes. Relying on inherent jurisdiction, the Court held no public inter

What did the court decide?

Crl.M.C. No.916 of 2023 is allowed; all further proceedings in C.P.No.5/2023 will stand quashed as against the petitioner.

Shon P Kurian Vs State of Kerala — Matrimonial and Divorce | 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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THURSDAY, THE 12TH DAY OF OCTOBER 2023 / 20TH ASWINA, 1945

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CRL.MC NO. 916 OF 2023

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IN CP 5/2023 OF JUDICIAL FIRST CLASS MAGIST. COURT, ANGAMALY (TEMPORARY)

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CRIME NO.938/2022 OF ANGAMALY POLICE STATION, ERNAKULAM

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PETITIONER/ACCUSED:

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SHON P KURIAN
AGED 40 YEARS, S/O P A KURIAN,
PENGIPARAMBIL HOUSE, MARATHAKKARA, NEAR R C CHURCH,
TRIKKUR, THRISSUR, PIN - 680306,
NOW RESIDING AT SHAMMY'S RENTAL HOUSE,
NEAR ST.GEORGE CONVENT, PARIYARAM, TRISSUR.,
PIN – 680 306.

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BY ADV VIVEK VENUGOPAL

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RESPONDENTS/STATE & DEFACTO COMPLAINANT:

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1STATE OF KERALA
REPRESENTED PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
PIN – 682 031.

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2XXXXXXXXXX
XXXXXXXXXX XXXXXXXXXX

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BY ADVS.
 G. SUDHEER (PP)
 BASIL CHANDY VAVACHAN (FOR R2)

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
12.10.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C. NO.916 OF 2023 2

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ORDER

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Petitioner is the sole accused in Crime No.938/2022 of Angamaly Police Station, Ernakulam District, which is now pending as C.P.No.5/2023 on the file of the Judicial First Class Magistrate Court, Angamaly (Temporary). The petitioner faces allegations of having committed offences under Sections 376(2)(n), 406 and 420 of the Indian Penal Code.

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The allegation against the petitioner is that on a false promise of marriage, the petitioner had entered into sexual relationships with the 2^nd respondent (defacto complainant). It is also alleged that the petitioner had cheated the 2^nd respondent by getting a property transferred in his name.

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The learned counsel appearing for the petitioner would submit that the 2^nd respondent is now the legally wedded wife of the petitioner. Reference is made in this regard to Annexure-A10 marriage certificate issued by the

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Crl.M.C. NO.916 OF 2023 3

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Registrar of Marriages, Thrissur district. It is submitted that the property disputes are also settled between the parties.

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The learned Public Prosecutor and the learned counsel appearing for the 2^nd respondent would confirm that all issues between the petitioner and the 2^nd respondent have been settled and the petitioner and the 2^nd respondent are now living together happily as husband and wife.

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Having heard the learned counsel for the petitioner, the learned Public Prosecutor and the learned counsel for the 2^nd respondent, I am of the view that this is a fit case where the jurisdiction of this Court under Section 482 of Cr.P.C can be invoked to quash the proceedings against the petitioner. Though, the allegations against the petitioner are serious, as observed by this Court in Vishnu v. State of Kerala; 2023 (4) KHC 1, where the continuance of proceedings might be prejudicial to the victim as well, it may be better for this Court to exercise jurisdiction under Section 482 of Cr.P.C.

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Crl.M.C. NO.916 OF 2023 4

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to quash the proceedings. This is a case where the petitioner has married the 2^nd respondent (defacto complainant/victim). They are living together as husband and wife. All property disputes between them have also been settled. Therefore, no public interest will be served by continuing with the prosecution against the petitioner. The chances of a successful prosecution are also remote.

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Accordingly, this Crl.M.C is allowed and all further proceedings in C.P.No.5/2023 on the fle of the Judicial i First Class Magistrate Court, Angamaly (Temporary) (arising out of Crime No.938/2022 of Angamaly Police Station, Ernakulam District), will stand quashed as against the petitioner.

Sd/-

GOPINATH P.

JUDGE

ats

Shon P Kurian v. State of Kerala

Case brief

What is this about?

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Shon P Kurian v. State of Kerala

Case brief

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