Kerala High Court
Arun @Arun Prabhakaran vs The State Of Kerala on 7 August, 2025
2025:KER:59054
Crl.M.C Nos.1671/2024 &
5146/2021
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
THURSDAY, THE 7TH DAY OF AUGUST 2025 / 16TH SRAVANA, 1947
CRL.MC NO. 1671 OF 2024
CRIME NO.1538/2020 OF Chengannur Police Station, Alappuzha
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.1083 OF
2022 OF FAST TRACK SPECIAL COURT, CHENGANNUR
PETITIONER/2nd ACCUSED :
ANJANA P.NAIR,
AGED 50 YEARS
W/O. PRABHAKARAN, THOPPIL VEEDU, THAIMARAVUNKARA,
OTHERA WEST P.O, THIRUVALLA, PATHANANTHITTA, PIN
- 689551.
BY ADVS.
SRI.K.SIJU
SMT.ANJANA KANNATH
RESPONDENT/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031.
2 STATION HOUSE OFFICER,
CHENGANNUR POLICE STATION, ALAPPUZHA DISTRICT,
PIN - 689121
3 XXX
XXX, PIN - 689121
SRI.SUDHEER.G PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 07.08.2025, ALONG WITH Crl.MC.5146/2021, THE COURT ON
THE SAME DAY PASSED THE FOLLOWING:
2025:KER:59054
Crl.M.C Nos.1671/2024 &
5146/2021
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
THURSDAY, THE 7TH DAY OF AUGUST 2025 / 16TH SRAVANA, 1947
CRL.MC NO. 5146 OF 2021
CRIME NO.1538/2020 OF Chengannoor Police Station, Alappuzha
PETITIONER/ACCUSED:
ARUN @ARUN PRABHAKARAN
AGED 27 YEARS
S/O. PRAABHAKARAN NAIR, THOPPIL HOUSE,
THYMARAVUNKARA, OTHERA WEST P.O, THIRUVALLA,
PATHANAMTHITTA PIN 689 551.
BY ADVS.
SRI.K.SIJU
SMT.ANJANA KANNATH
RESPONDENT/COMPLAINANT:
1 THE STATE OF KERALA
REPRESENTED BY SUB INSPECTOR OF POLICE,
CHENGANNUR POLICE STATION IN ALAPPUZHA DISTRICT
THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM
2 XXXX
(NAME AND ADDRESS OF THE DE-FACTO COMPLAINANT IS
PRODUCED IN SEALED COVER)
BY ADV SHRI.SIRIL JOHN
SMT.PUSHPALATHA M.K.SR.PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 07.08.2025, ALONG WITH Crl.MC.1671/2024, THE COURT ON
THE SAME DAY PASSED THE FOLLOWING:
2025:KER:59054
Crl.M.C Nos.1671/2024 &
5146/2021
3
COMMON ORDER
The petitioners in these Crl.M.Cs are the accused Nos.1 and 2 in Crime No.1538/2020 of Chengannur Police Station, Alappuzha. The offences alleged against them are under Sections 420, 406, 376 , 313 and 324 read with Section 34 of the Indian Penal Code, 1860.
2. The prosecution case is summarised as follows: The 2nd accused (the petitioner in Crl.M.C No.1671/2024) is the mother of the 1 st accused (the petitioner in Crl.M.C No.5146/2021). Under the false promise of marriage, the 1st accused resorted to sexual intercourse with the de facto complainant on 2.11.2016, and on various dates thereafter, at the house of the accused Nos.1 and 2 and also at the house of the defacto complainant. In the above relationship, the de facto complainant got impregnated. The 2nd accused, when she came to know about the incident, 2025:KER:59054 Crl.M.C Nos.1671/2024 & 5146/2021 4 opposed the marriage between the 1st accused and the de facto complainant. After much persuasion, she agreed for the marriage, subject to the condition that the defacto complainant has to undergo abortion. Accordingly, the 1st accused administered tablets to the defacto complainant, leading to the abortion of her pregnancy. However, later on, both the accused retracted from their promise to arrange the marriage between the 1st accused and the defacto complainant. Thus, the accused are alleged to have committed the aforesaid offences.
3. In the present petitions, the petitioners would contend that they are totally innocent, and that they have been falsely implicated in these cases. It is the further contention of the petitioners that the relationship between the 1st accused and the defacto complainant was purely consensual, and hence the offences alleged against them are not attracted.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor representing the State of Kerala.
2025:KER:59054 Crl.M.C Nos.1671/2024 & 5146/2021 5
5. The learned counsel for the petitioners submitted that the entire allegations levelled against the petitioners are absolutely false and baseless, since the 1 st accused had married the defacto complainant on 21.10.2021, and they are now leading a peaceful family life. It is further pointed out that the defacto complainant has filed an affidavit indicating the above aspect and expressing her willingness to terminate the prosecution proceedings against the accused.
6. The learned Public Prosecutor, upon instructions, submitted that the defacto complainant had given a statement to the Investigating Officer also to the effect that the issue has been amicably settled, and that she is now the wife of the 1st accused. The copy of the marriage certificate issued by the Local Registrar of Marriages, Vayalar Grama Panchayat, is produced by the petitioner, to substantiate the contention that the survivor has been lawfully married to the 1 st 2025:KER:59054 Crl.M.C Nos.1671/2024 & 5146/2021 6 accused on 21.10.2021. In addition to that, the birth certificate of a child born in the above wedlock between the 1 st accused and the defacto complainant is also produced as Annexure-A7 in Crl.M.C No.5146 of 2021.
7. Having regard to the above facts and circumstances of these cases, it is not possible to say that the 1st accused indulged in sexual relationship with the defacto complainant under the false promise of marriage. Nor could it be said that the accused resorted to cheating or criminal breach of trust. Also, the allegation pertaining to causing miscarriage has no basis, since it appears that everything happened pursuant to the consent extended by the defacto complainant. The continuation of the prosecution proceedings against the accused is not warranted, in view of the above peculiar facts and circumstances of these cases. Therefore, the prayer of the petitioners to quash the proceedings as against them, is fully justified.
2025:KER:59054 Crl.M.C Nos.1671/2024 & 5146/2021 7 In the result, both these Crl.M.Cs stand allowed. The proceedings against the petitioners/accused 1 and 2 in S.C No.1083/2022 on the files of the Fast Track Special Court, Chengannur, which arose out of Crime No.1538/2020 of Chengannur Police Station, Alappuzha, are hereby quashed.
Sd/-G.GIRISH
ma/07.08.2025 JUDGE
/True copy/
2025:KER:59054
Crl.M.C Nos.1671/2024 &
5146/2021
8
APPENDIX OF CRL.MC 5146/2021
PETITIONER ANNEXURES
Annexure A1 CERTIFIED COPY OF THE FIR IN CRIME NO
1538/2020 OF CHENGANNUR POLICE STATION IN ALAPPUZHA DISTRICT.
Annexure A2 TRUE COPY OF THE MARRIAGE CERTIFICATE ISSUED BY THE SECRETARY, SNKV YOGAM DATED 21-10-2021 Annexure A3 AFFIDAVIT SWORN BY THE DE-FACTO COMPLAINANT.
Annexure-A4: TRUE COPY OF THE MARRIAGE CERTIFICATE NO.4197/2021 ISSUED FROM THE OFFICE OF THE LOCALA REGISTRAR OF VAYALAR GRAMA PANCHAYAT ANNEXURE-A5: TRUE COPY OF THE FINAL REPORT IN CRIME NO.1538/202 OF CHENGANNUR POLICE STATION ANNEXURE-A6: CERTIFIED COPY OF THE 161 STATEMENT OF THE DEFACTO COMPLAINANT ANNEXURE-A7: TRUE COPY OF THE BIRTH CERTIFICATE OF THE CHILD OF THE PETITIONER, ISSUED BY THE REGISTRAR OF BIRTHS AND DEATH THIRUVANADOOR GRAMA PANCHAYAT DATED 10.2.2023 2025:KER:59054 Crl.M.C Nos.1671/2024 & 5146/2021 9 APPENDIX OF CRL.MC 1671/2024 PETITIONER'S ANNEXURES:
ANNEXUE-A1: TRUE COPY OF FIR WITH FIS IN CRIME NO.1538/2020 OF CHENGANNUR POLICE STATION DATED 15.09.2020 ANNEXURE-A2: TRUE COPY OF FINAL REPORT IN CRIME NO.1538/2020 OF CHENGANNUR POLICE STATION DATED 15.09.2020 ANNEXURE-A3: TRUE COPY OF MARRIAGE CERTIFICATE OF THE 1ST ACCUSED WITH THE 3RD RESPONDENT/VICTIM DATED 18.11.2021 ISSUED BY THE REGISTRAR OF MARRIAGES, VAYALAR, GRAMA PANCHAYAT ANNEXURE-A4: THE COPY OF CERTIFICATE OF MARRIAGE DATED 21.10.2021 ISSUED BY THE SECRETARY, SNKV YOGAM, CHERTHALA ANNEXURE-A5: THE COPY OF AFFIDAVIT SWORN BY THE 3RD RESPONDENT DATED 14.02.2024