Kerala High Court
Shais vs State Of Kerala on 31 July, 2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
THURSDAY, THE 31ST DAY OF JULY 2025 / 9TH SRAVANA, 1947
CRL.MC NO. 2609 OF 2025
CRIME NO.401/2021 OF Thodupuzha Police Station, Idukki
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.184 OF 2022 OF III
ADDITIONAL DISTRICT & SESSIONS COURT, THODUPUZHA / I ADDITIONAL
MACT/ADDL.RENT CONTROL APPELLATE AUTHORITY -II, THODUPUZHA
PETITIONER/ACCUSED:
SHAIS
AGED 32 YEARS
S/O. SHERRY, VELIKKAKATHU HOUSE, KUDUKKAKANDAM BHAGAM,
PAZHAYARIKANDAM KARA, KANJIKUZHI VILLAGE, THODUPUZHA,
IDUKKI, PIN - 685602.
BY ADVS.
SRI.MATHEW KURIAKOSE
SRI.T.G.SUNIL (PERUMBAVOOR)
SHRI.C.N.PRAKASH
SHRI.ARUN.S.
SRI.J.KRISHNAKUMAR (ADOOR)
SHRI.SHAJI P.K.
SMT.PREETHU JAGATHY
RESPONDENT/STATE & VICTIM:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA
ERNAKULAM, PIN - 682031
2 XXX
XXX, PIN - 695614
BY ADVS.
SHRI.BIJU K.C.
SMT.LEENA JOSEPH
SRI.SUDHEER.G. PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
31.07.2025, ALONG WITH Crl.MC.8855/2022, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
2025:KER:56771
Crl.M.C No.8855/2022 &
Crl.M.C No.2609/2025 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
THURSDAY, THE 31ST DAY OF JULY 2025 / 9TH SRAVANA, 1947
CRL.MC NO. 8855 OF 2022
CRIME NO.319/2021 OF Thaliparamba Police Station, Kannur
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.154 OF 2022
OF ADDITIONAL SESSIONS COURT -I, THALASSERY
PETITIONER/ACCUSED:
XXXXXXXXXX
XXXXXXXXXX XXXXXXXXXX
BY ADVS.
SRI.V.A.SATHEESH
SRI.V.T.MADHAVANUNNI
SHRI.ANAND V.S
RESPONDENT/STATE & DE FACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 XXXXXXXXXX
XXXXXXXXXX XXXXXXXXXX
BY ADVS.
SHRI.P.S.SYAMKUTTAN
SHRI.BIJU K.C.
SMT.LEENA JOSEPH
SMT.ANSA ELDHOSE
SRI.SUDHEER.G.PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 31.07.2025, ALONG WITH Crl.MC.2609/2025, THE COURT ON
THE SAME DAY PASSED THE FOLLOWING:
2025:KER:56771
Crl.M.C No.8855/2022 &
Crl.M.C No.2609/2025 3
COMMON ORDER
Both these petitions are filed by the accused, who faces
criminal prosecution for committing rape upon the defacto
complainant under the false promise of marriage. Crl.M.C
No.2609/2025 relates to Crime No.401/2021 of Thodupuzha
Police Station, Idukki, wherein the allegation is that the
petitioner committed rape on the defacto complainant, on
21.02.2020 at about 10.a.m, inside a lodge room by giving the
false promise of marriage. Crl.M.C No.8855/2022 relates to
Crime No.319/2021 of Taliparamba Police Station, Kannur,
wherein, the allegation is that the petitioner committed rape
upon the de facto complainant on 26.06.2019 at her residential
quarters and continued such relationships on six occasions up to
17.04.2021, after inducing the defacto complainant to believe
that he would marry her. Thus, the petitioner is prosecuted in
Crime No.401/2021 of Thodupuzha Police Station, for the
commission of offence under Section 376 (1) of Indian Penal
2025:KER:56771
Crl.M.C No.8855/2022 &
Code, 1860, and in Crime No.319/2021 of Taliparamba Police
Station, for the commission of offences under Sections 450,
354, 354A(1)(i) and 376(2)(n) of Indian Penal Code, 1860.
2. In the present petitions, the petitioner would
contend that he has been falsely implicated in both these cases,
and that his relationship with the defacto complainant was
purely consensual.
3. In Crl.M.C No.2609/2025, it is stated that the
issue has been amicably settled with the defacto complainant,
and that the defacto complainant had sworn an affidavit stating
her willingness to quash the proceedings against the petitioner.
4. The learned Public Prosecutor, upon
instructions, submitted that in Crime No.401/2021 of
Thodupuzha Police Station, the defacto complainant had given
statement to the Investigating Officer also to the effect that the
issued involved in that crime has been amicably settled with the
petitioner.
2025:KER:56771
Crl.M.C No.8855/2022 &
5. It is seen from the records that the petitioner
and the defacto complainant had been maintaining intimate
relationship for a long period. There are also records produced
by the petitioner to show that the defacto complainant was
married at the time when she is said to have developed the
intimacy with the petitioner. Taking into account the above
aspects, along with the affidavits filed by the defacto
complainant in both these cases affirming that she was having
consensual physical relationship with the petitioner, it can only
be concluded that the offences alleged against the petitioner in
these cases are not attracted. In the above circumstances, the
prayer in these petitions to quash the proceedings against the
petitioner, is fully justified.
In the result, both these petitions stand allowed. The
proceedings against the petitioner, who is the accused in S.C
No.184/2022 on the files of the Additional Sessions Court-III,
Thodupuzha, which arose out of Crime No.401/2021 of
2025:KER:56771
Crl.M.C No.8855/2022 &
Thodupuzha Police Station, and in S.C No.154/2022 of Additional
Sessions Court-I, Thalassery, which arose out of Crime
No.319/2021 of Taliparamba Police Station, Kannur District, are
hereby quashed.
Sd/-G.GIRISH
JUDGE
ma/31.07.2025
/True copy/
2025:KER:56771
Crl.M.C No.8855/2022 &
PETITIONER'S ANNEXURES IN CRL.M.C.NO.8855/2022:
ANNEXURE-A1: TRUE COPY OF THE FIR IN CRIME NO.319/2021 LODGED
BY THE DEFACTO COMPLAINANT
ANNEXUREA2: A CERTIFIED COPY OF THE FINAL REPORT IN SC
NO.154/2022 PENDING BEFORE THE ADDITIONALO
SESSIONS COURT NO.1, THALASSERY
ANNEXURE-A3: TRUE COPY OF THE MEMO OF EVIDENCE IN SC
ANNEXURE -A4: TRUE COPY OF THE FIR IN CRIME NO.401/2021 OF
THODUPUZHA POLICE STATION
ANNEXURE -A5: TRUE COPY OF THE FINAL REPORT IN CRIME
NO.401/2021 OF THODUPUZHA POLICE STATION
ANNEXURE-A6: TRUE COPY OF THE MEMO OF EVIDENCE IN CRIME
NO.401/2021 OF THODUPUZHA POLICE STATION
ANNEXURE-A7: TRUE COPY OF THE MARRIAGE CERTIFICATE OF THE
PETITIONER.
2025:KER:56771
Crl.M.C No.8855/2022 &
PETITIONER'S ANNEXURES IN CRL.M.C NO.2609/2025
ANNEXURE-A: CERTIFIED COPY OF THE FIR AND FIS IN CRIME
NO.401/2021 OF THODUPUZHA POLICE STATION
ANNEXURE-B: CERTIFIED COPY OF THE FINAL REPORT IN CRIME
NO.401/2021 OF THODUPUZHA POLICE STATION
ANNEXURE C: CERTIFIED COPY OF THE MEDICAL EXAMINATION
REPORT OF THE VICTIM IN CRIME NO.401/2021 OF
THODUPUZHA POLICE STATION
ANNEXURE-D: AFFIDAVIT OF THE SECOND RESPONDENT/VICTIM
