A A vs State Of Kerala
2021 Latest Caselaw 21098 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
               THE HONOURABLE MRS. JUSTICE M.R.ANITHA
  WEDNESDAY, THE 20TH DAY OF OCTOBER 2021 / 28TH ASWINA, 1943
                      CRL.MC NO. 5816 OF 2020
        CRIME NO.731/2020 OF KORATTY POLICE STATION, THRISSUR
PETITIONER/ACCUSED:

            A A
            AGED 23 YEARS
            X

            BY ADV M.J.POLLY


RESPONDENTS/STATE/DEFACTO COMPLAINANT:

    1       STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA,

    2       INSPECTOR OF POLICE
            KORATTY POLICE STATION, THRISSUR,
            THRISSUR DISTRICT.

    3       X X
            X

    4       Y Y
            X

            BY ADV.SRI.RENJIT GEORGE.SR.GP


        THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
20.10.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.M.C.NO.5816 OF 2021
                                -2-



                              ORDER

Petitioner is the sole accused in crime No.731/2020 of Koratty

police station. This Crl.M.C. has been filed seeking to quash all

further proceedings in the above crime which is registered for the

offence punishable under Section 376(2) of IPC and Section 5j(II)

and 6 of PoCSO Act, 2012.

2. The prosecution case is that the petitioner with the

intention and preparation to subject the victim-minor girl to sexual

intercourse, promised to marry her and took her to his house at

Koratti on 06.12.2019 and thereafter impregnated her and thereby

committed the offence as alleged.

3. According to the learned counsel for the petitioner, after

the defacto complainant attained majority, the petitioner married

the defacto complainant and now they are living together as

husband and wife. A child is also born out of their wedlock. The

petitioner produced Annexure A-3, the copy of the birth certificate

of the victim girl, which would show that her date of birth is

23.10.2002. Annexure A-4 is the copy of the FIR. Annexure A-5 is

the marriage certificate, which would show that the petitioner

married the defacto complainant on 26.10.2020. CRL.M.C.NO.5816 OF 2021

4. Adv.Jijo Jose appear on behalf of the defacto

complainant. He would submit that the defacto complainant is

present today. The learned Public Prosecutor also submits that the

defacto complainant was present before the Court.

5. The Notary attested affidavit sworn in by the mother of

the victim is produced as Annexure A-1, in which she has

specifically stated that the victim is her daughter and now she is

18 years old and has been married to the petitioner. It is also

stated that the entire issues between the petitioner and the

defacto complainant has been settled and presently she has no

grievance against the petitioner. Annexure A-2 is the affidavit

sworn in by the victim in which she also has categorically stated

that the petitioner married her and she has no grievance against

the petitioner at present and she is not intending to prosecute the

case. The birth certificate of the victim would prove that he has

attained majority and marriage with the petitioner has also been

conducted.

6. The learned Public Prosecutor produced copy of the

marriage certificate of the petitioner and the victim, after attaining

majority, which would prove that the marriage was solemnized at

Kavalamkodam Saktheeswaram Temple on 26.10.2020. Copy of the

marriage certificate issued from the Panchayath also has been CRL.M.C.NO.5816 OF 2021

produced. The statement of the victim recorded by the CPO also

has been produced, in which also, she has categorically stated that

she has no complaint against the petitioner for the time being.

7. The learned counsel for the petitioner brought to my

attention 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 CRL.M.C.NO.5816 OF 2021

consider in a situation, where a case involving 376 of IPC, has been

quashed in view of the subsequent settlement and marriage

between the victim and the accused.

10. In the above backdrop, since the petitioner and the

victim already married the petitioner and they 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 crime No.731/2020

of Koratti police station.

In the result, this Crl.M.C. stands allowed and the further

proceedings in crime No.731/2020 of Koratti police station against

the petitioner is hereby quashed.

Sd/-

M.R.ANITHA JUDGE nkr CRL.M.C.NO.5816 OF 2021

APPENDIX OF CRL.MC 5816/2020

PETITIONER ANNEXURE

ANNEXURE A1 AFFIDAVIT OF DEFACTO COMPLAINANT IN CRIME NO. 731/2020 OF KORATTY POLICE STATION, THRISSUR

ANNEXURE A2 AFFIDAVIT OF THE VICTIM LADY IN CRIME NO.

731/2020 OF KORATTY POLICE STATION, THRISSUR

ANNEXURE A3 COPY OF BIRTH CERTIFICATE OF THE VICTIM LADY IN CRIME NO. 731/2020 OF KORATTY POLICE STATION, THRISSUR

ANNEXURE A4 CERTIFIED COPY OF THE FIR NO.731/2020 OF KORATTY POLICE STATION, THRISSUR

ANNEXURE A5 COPY OF THE MARRIAGE CERTIFICATE BETWEEN PETITIONER AND VICTIM LADY