Anjana P.Nair vs State Of Kerala
2025 Latest Caselaw 3221 Ker

Kerala High Court

Anjana P.Nair vs 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

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. 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

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

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



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

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