Kerala High Court
Subair vs State Of Kerala on 19 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943
CRL.MC NO. 4053 OF 2020
AGAINST ORDER/JUDGMENT IN S.C.NO.614/2017 OF FAST TRACK SPECIAL COURT,
HARIPAD
PETITIONER/ACCUSED:
SUBAIR
AGED 38 YEARS
S/O MURSHID,KUNNAMPURATHU VEEDU,CHIRAKKADU AMSHAM,PALAKKAD TOWN
VILLAGE 3,PALAKKAD DISTRICT,NOW RESIDING AT
NAMBALASSERIL,KARUVATTAMKUZHI,
PATHIYOOR.P.O,PIN-690572.
BY ADV VINAYAK G MENON
RESPONDENTS/STATE/CW1:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
ERNAKULAM-682031.
2 VILASINI,
W/O SURESH CHAKKALA KIZHAKKATHIL,
CHERAVALLY MURI,KAYAMKULAM VILLAGE,
ALAPPUZHA-DISTRICT,NOW RESIDING AT NAMBALASSERIL,KARUVATTAMKUZHI
KAREELAKULANGARA,PATHIYOOR.P.O,
PIN-690572.
3 X
X
BY ADV SERGI JOSEPH THOMAS
OTHER PRESENT:
PP SANGEETHARAJ.N.R
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19.11.2021,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.4053 of 2020
2
ORDER
This Crl.M.C. has been filed seeking to quash the entire
proceedings against the petitioner/accused in S.C.No.614/2017
on the file of Fast Track Special Court, Haripad, which arose out
of crime No.3284/2016 of Kayamkulam Police Station,
Alappuzha, which is registered for the offences punishable
u/s.363, 366 and 376 IPC and Section 5(1) r/w. 6 of POCSO Act
and 3(1)(w)(i) of SC/ST PoA Act.
2. Petitioner is the sole accused in the above crime. It is
alleged that the third respondent, who belongs to Hindu
Thandan community, when was a minor kidnapped by the
petitioner on 25.11.2016 from Kayamkulam KSRTC bus stand
promising to marry her and taken her to a house at Nellai in
Thrissur district and committed rape upon her from 25.11.2016
to 30.11.2016. Subsequently the mother of the victim filed
complaint and the crime was registered against the petitioner.
3. The learned counsel for the petitioner submitted that
the petitioner married the third respondent and now they are
living as husband and wife and two children are born out of their
Crl.M.C.No.4053 of 2020
wedlock. Annexure AI is the copy of the Final Report as well as
the FIR and FIS. Annexure A2 is the certificate of marriage of
the petitioner with the third respondent. Annexures A3 and A4
are the birth certificates of the children born to them.
4. It has come out that the petitioner married the third
respondent - victim and presently they are living together as
husband and wife.
5. Adv. Sri. Sergi Joseph Thomas appeared on behalf of
respondents 2 and 3, the mother of the victim as well as the
victim. He reports about the settlement arrived at between the
parties.
6. The learned Public Prosecutor produced copy of the
report along with the signed statement of the defacto
complainant as well as the copy of the marriage certificate and
also the birth certificates of the children.
7. It has come out that the petitioner married the defacto
complainant and they are presently living together as husband
and wife and two children are born out of their wedlock. So
continuation of the proceedings against the petitioner would
Crl.M.C.No.4053 of 2020
definitely affect the peaceful married life. It is relevant in this
context to quote the decision of this Court in Ashiq v. State of
Kerala [2019(2) KLT 1130], wherein this Court had an occasion
to consider an identical situation and held that when parties
have amicably settled the matter and the petitioner married the
victim girl, for the ends of substantial justice, it will be necessary
to quash the proceedings.
8. It is also relevant in this context to quote judgment in
Crl.A.No.1740/2019 [Saju P.R. v. State of Kerala] wherein the
Apex Court while considering an identical situation of a case
involving Section 376 of IPC has held that on the basis of
affidavit filed by the complainant and other materials on record,
it would be proper to quash the criminal proceedings pending
against the accused for doing complete justice to the parties
concerned and accordingly, a Crl.M.C. which was dismissed by
this Court on the ground that offence involved is one under
Section 376 of IPC was ultimately allowed by the Apex Court.
9. A learned Single Judge of this Court in Denu P.
Thampi v. Ms.X and Another [2019 (3) KHC 199] also had
occasion to consider in a situation, where a case involving 376 of
IPC, has been quashed in view of the subsequent settlement and
Crl.M.C.No.4053 of 2020
marriage between the victim and the accused.
10. In the above backdrop, since the petitioner and the
defacto complainant have already married and are living
together as husband and wife, I am of the view that it would be
just and proper for doing complete justice to the parties to quash
the entire proceedings pending against the petitioner in this
case.
In the result, this Crl.M.C. stands allowed and the further
proceedings in S.C.No.614/2017 on the file of Fast Track Special
Court, Haripad, which arose out of crime No.3284/2016 of
Kayamkulam Police Station, Alappuzha against the petitioner is
hereby quashed.
Sd/-
M.R.ANITHA
shg JUDGE
Crl.M.C.No.4053 of 2020
APPENDIX OF CRL.MC 4053/2020
PETITIONER ANNEXURE
ANNEXURE A1 THE CERTIFIED COPY OF THE FINAL REPORT IN SC
NO.614/2017 ON THE FILES OF FAST TRACK SPECIAL
COURT,HARIPAD ARISING OUT OF CRIME NO.3284 OF 2016
OF KAYAMKULAM POLICE STATION,ALAPPUZHA DIST.
ANNEXURE A2 THE TRUE COPY OF THE CERTIFICATE OF MARRIAGE ISSUED
BY DISTRICT MARRIAGE OFFICER ALAPPUZHA DATED
21/06/2017
ANNEXURE A3 THE TRUE COPY OF THE BIRTH CERTIFICATE OF ELDER
CHILD NAMED SIYAN S.DATED 16/11/2018
ANNEXURE A4 THE TRUE COPY OF THE BIRTH CERTIFICATE OF YOUNGER
SON NAMED SURFAN S.DATED 23/03/2020
ANNEXURE A5 THE TRUE COPY OF THE RATION CARD OF THE PETITIONER
AND THIRD RESPONDENT ISSUED BY THE TALUK SUPPLY
OFFICER,KARTHIPPALLY.
ANNEXUREA6 THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT STATING
THE SETTLEMENT OF ALL THE DISPUTES WITH THE
PETITIONER
ANNEXURE A7 THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT STATING
THE SETTLEMENT OF ALL THE DISPUTES WITH THE
PETITIONER.
