Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH THURSDAY, THE 6TH DAY OF OCTOBER 2022 / 14TH ASWINA, 1944 CRIME NO.1039/2019 OF OLLUR POLICE STATION, THRISSUR PETITIONER/ACCUSED: MIDHUN AGED 34 YEARS S/O.SUDHAKARAN, POLIYEDATH HOUSE, KADAVALLOOR, KUNNAMKULAM, THRISSUR DISTRICT-680543. SHAKTHI PRAKASH SHRI.HARIKRISHNAN M.S. RESPONDENT/STATE/COMPLAINANT & VICTIM: 1 STATE OF KERALA REP. BY CIRCLE INSPECTOR OF POLICE, OLLUR POLICE STATION, THRISSUR DISTRICT, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. 2 THE CIRCLE INSPECTOR OF POLICE, OLLUR POLICE STATION, THRISSUR DISTRICT-680306. 3 XXX XXX SRI SANGEETHA RAJ. P.P. SRI.DEEPU THANKAN THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 06.10.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
O R D E R
This Crl.M.C has been filed to quash all further proceedings in Crime No.1039 of 2019 of Ollur Police Station.
2. The offence alleged against the petitioner is punishable under Section 376(2)(n) of IPC.
3. The 3rd respondent is the victim. It is submitted
that after the registration of the crime, the victim submitted that no incident of sexual assault was taken place as initially stated by her in her FI statement. At her instance, further statement under Section 164 of Cr.P.C has been recorded by the learned Magistrate. It is submitted that in the said statement she has disowned her
statement in the FIS that she was raped by the petitioner. The counsel for the victim as well as the counsel for the accused submitted that the victim has at present no grievance.
4. In these circumstances, the investigating
officer is directed to take into account the statement of the victim recorded under Section 164 of Cr.P.C, complete the investigation and file final report within a period of two months from today. The petitioner is at liberty to challenge the final report, if he is aggrieved by the same. In the facts and circumstances of the case, it is made clear that the petitioner shall not be arrested till the filing of the final report.
This Crl.M.C. stands disposed of as above. Sd/- DR.KAUSER EDAPPAGATH, JUDGE AS APPENDIX OF CRL.MC 5407/2020 PETITIONER'S ANNEXURES: ANNEXURE A1 A TRUE COPY OF THE FIR BEARING NO.1039/2019 OF OLLUR POLICE STATION DATED 01.07.2019. ANNEXURE A2 TRUE COPY OF THE PETITIONER'S AIR INDIA EXPRESS TICKET SHOWING THE DEPARTURE DATE AS 13.6.2019. ANNEXURE A3 A TRUE COPY OF THE CRL.M.C.5146/2019 FILED BY 3RD RESPONDENT DATED 19.07.2019 WITHOUT ANNEXURE. ANNEXURE A4 A TRUE COPY OF THE JUDGMENT IN CRL.M.C.NO.5146 OF 2019 DATED 29.09.2020. ANNEXURE A5 A TRUE COPY OF THE JUDGMENT IN CRL.M.C.NO.5126 OF 2020 DATED 20.11.2020.