The High Court refused to quash the FIR in a rape and POCSO case where allegations date back to before the petitioner married the complainant. The court allowed the investigation to continue but granted a temporary stay on arrest for three weeks.
Petitioner shall not be arrested for three weeks from the date of order; liberty to move for anticipatory bail.
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 A. BADHARUDEEN
TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
CRL.MC NO. 2155 OF 2022
CRIME NO.44/2022 OF YEROOR POLICE STATION, KOLLAM
PETITIONER:
SHAHID
AGED 21 YEARS
S/O SHANAVAS KHAN E. AMINA MANZIL, KARUKONE, KOLLAM,
PIN - 691306
BY ADVS.
VINOY VARGHESE KALLUMOOTTILL
A.V.AISWARYA
RESPONDENTS:
1 XXXXXXXXXXXXXXXXXXXX XXXXXXXXXX
2 SUB INSPECTOR OF POLICE YEROOR POLICE STATION, KOLLAM, PIN - 6913123 XXXBY ADVS.
PUBLIC PROSECUTOR
NIRMAL V NAIR
MUHAMMED NASEEF BIN SALIM(K/349/2021)
ARATHI PRABHAKARAN(K/001158/2022)
PP - M P PRASANTH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
28.05.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C. No. 2155 of 2022
2
ORDER
Dated this the 28 th day of May, 2024
This Criminal Miscellaneous Case has been filed
under Section 482 of the Code of Criminal Procedure, 1973, to quash Annexure A3 FIR in Crime No.44 of 2022 of Yeroor Police Station, Kollam.
Crl.M.C. No. 2155 of 2022
3
Act, 2012.
Crl.M.C. No. 2155 of 2022
4
roped into this case, without any justification. Therefore, this is a fit case for quashment of the FIR.
Crl.M.C. No. 2155 of 2022
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FIR is registered, it is necessary, in the interest of justice, to avoid arrest and detention of the petitioner, with liberty to the petitioner to move for anticipatory bail before this Court in the context of the facts involved. Having held so, this petition stands dismissed facilitating the investigation in a fair and impartial manner.
It is specifically ordered that the petitioner shall not be arrested for a period of three weeks from today, in connection with this crime, though the Investigating Officer can interrogate the petitioner for the purpose of investigation and conduct medical test, if necessary. The petitioner can file anticipatory bail within the above period to canvas anticipatory bail, in accordance with law.
Sd/-
A. BADHARUDEEN JUDGE
SK
Crl.M.C. No. 2155 of 2022
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APPENDIX OF CRL.MC 2155/2022
PETITIONER ANNEXURES :
Annexure A1TRUE COPY OF THE MARRIAGE CERTIFICATE
DATED 16.07.2019
Annexure A2TRUE COPY OF THE INJUNCTION PASSED IN IA
1/2021 IN OP 397 OF 2021 OF FAMILY
COURT, KOTTARAKKARA
Annexure A3CERTIFIED COPY OF THE FIR IN CRIME
44/2022 OF YEROOR POLICE STATION
RESPONDENTS’ ANNEXURES : NIL
3 issues framed by the court
Whether the FIR alleging rape and POCSO offences committed prior to the petitioner's marriage to the complainant is fit for quashment.
Whether the plea of false implication arising from matrimonial dispute warrants quashing of the criminal proceeding at this stage.
What relief can be granted to prevent arrest of the petitioner while the investigation proceeds?
4 provisions across 4 enactments
SHAHID
DE FACTO COMPLAINANT
SUB INSPECTOR OF POLICE YEROOR POLICE STATION
XXXXXXXXXX XXXXXXXXXX
A. BADHARUDEEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court