Sudeesh V vs State Of Kerala
2023 Latest Caselaw 11056 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
    THURSDAY, THE 26TH DAY OF OCTOBER 2023 / 4TH KARTHIKA, 1945
                        CRL.MC NO. 2832 OF 2023
  SC 627/2020 OF I ADDITIONAL DISTRICT COURT & I ADDITIONAL MOTOR
                   ACCIDENT CLAIMS TRIBUNAL,PALAKKAD
CRIME NO.633/2020 OF PALAKKAD TOWN SOUTH POLICE STATION, PALAKKAD
PETITIONER/ACCUSED :

          SUDEESH V
          AGED 24 YEARS
          S/O HARIDASAN (LATE)
          VALIYAPARAMBIL HOUSE,
          PANTHALAT PARAMBU, KALLIPADAM (POST), SHORNUR (VIA),
          PALAKKAD DISTRICT,
          PIN - 679122
          BY ADV THAREEQ ANVER K.


RESPONDENTS/COMPLAINANT AND VICTIM:

    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA,
          ERNAKULAM, PIN - 682031
    2     XXXX
OTHER PRESENT:

          SRI VIPIN NARAYAN (SR PP)
          SRI.P.K.MOHANAN PALAKKAD


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
26.10.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC No.2832 of 2023
                                         2



                                    ORDER

The petitioner is the accused in Crime No.633 of 2020

of Palakkad Town North Police Station, Palakkad, alleging

commission of offence under Section 376(1) of the Indian Penal

Code and Sections 6, 5j (ii), 8 and 7 of the Protection of

Children from Sexual Offences (POCSO) Act, 2012. The matter

is now pending as S.C.No.627 of 2020 on the file of the First

Additional Sessions Court (Special Court), Palakkad.

2. The allegation against the petitioner is that the

petitioner subjected the minor victim to sexual intercourse and

impregnated her and thereby, the petitioner committed the

offences alleged against him.

3. The learned counsel appearing for the petitioner

would submit that the petitioner was aged about 20 years on the

date of the alleged incident. It is submitted that the victim was

nearly 16 years old at that time. It is submitted that the

petitioner and the victim were in a relationship and after the

victim attained the age of majority, the petitioner has married

the victim and they are now living together happily as husband

and wife along with their child. It is submitted that Annexure-3 Crl.MC No.2832 of 2023

issued by the Marriage Offcer, Palakkad under the provisions of

the Special Marriage Act, 1954 will prove that the petitioner has

married the alleged victim and they are now living together as

husband and wife. The learned counsel also refers to Annexure-

4 affidavit executed by the alleged victim in support of this case

for quashing the proceedings against him. He submits that,

going by the judgment of this Court in Vishnu V. State of

Kerala, [2023 (4) KHC 1], when the continuation of

prosecution would cause greater prejudice to the victim, the

proceedings can be quashed under Section 482 of the Code of

Criminal Procedure.

4. Heard the learned Public Prosecutor also. The

learned Public Prosecutor confirms that the petitioner and the

alleged victim got married to each other and they are now living

together as husband and wife.

5. The learned counsel appearing for the second

respondent victim also confirms this fact that the victim stands

by the contents of Annexure-4 affidavit.

6. Having heard the learned counsel for the

petitioner and the learned Public Prosecutor, I am of the view

that this is a fit case where, a jurisdiction of this Court under Crl.MC No.2832 of 2023

Section 482 of Cr.P.C. can be invoked to quash the proceedings

against the petitioner, in the light of the law laid on by this

Court in Vishnu V. State of Kerala, [2023 (4) KHC 1].

Therefore, this Crl.M.C. is allowed and all further

proceedings against the petitioner in S.C.No.627 of 2020 on the

file of the First Additional Sessions Court (Special Court),

Palakkad. will stand quashed.

Sd/-

GOPINATH P., JUDGE

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