Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR FRIDAY, THE 28TH DAY OF FEBRUARY 2020 / 9TH PHALGUNA, 1941 AGAINST C.P.No.78/2018 IN CR.M.P. 2394/2018 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, CHALAKUDY PETITIONER/ACCUSED: FEBIN AGED 32 YEARS FAZAL HUCK, PALAYAMKOTT HOUSE, KALLETTUMKARA P.O., CHALAKKUDY TALUK, PIN-680683. BY ADVS. SMT.JEENA JOSEPH SRI.G.D.PANICKER RESPONDENTS/COMPLAINANT:
1 SUB INSPECTOR POLICE, CHALAKKUDY POLICE STATION CHALAKKUDY, PIN-680307, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2 JYOTSANA, AGED 25 YEARS D/O.JOHNY, KANJIRATHINGAL, V.R.PURAM P.O., CHALAKUDY TALUK, PIN-680722. 3 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY ADV. SMT.LIGEY ANTONY SRI.B.JAYASURYA, PP THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
28.02.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C.No.113 of 2020 -----------------------------------------------
ORDER
This Crl.M.C is instituted seeking orders quashing the proceedings in C.P.No.78 of 2018 pending on the files of the Judicial First Class Magistrate Court, Chalakkudy. The petitioner is the accused in the case. The case aforesaid was one instituted upon a complaint filed by the second respondent. The accusation in the case was that on a false promise to marry the complainant, the petitioner had sexual intercourse with
her and impregnated her. Though the prayer in the complaint was for a reference for investigation of the case by the police under Section 156(3) of the Code of Criminal procedure, the learned Magistrate took cognizance of the offences under Sections 376 and 465 of the Indian Penal Code and proceeded with the complaint. The case is now at the committal stage.
2. When the matter was taken up, the learned counsel for the complainant submitted that the matter has been settled by her with the petitioner and she does not wish to pursue the matter any more.
3. In so far as the offence alleged is the
offence of rape, it is now trite that the matter cannot be closed based on settlement. In a case of this nature, according to me, the matter has to be decided on merits.
4. Having regard to the aforesaid principle in mind, I have perused the private complaint which is part
of the records. A perusal of the private complaint indicates beyond doubt that this is a case where the parties had sexual intercourse on an expectation to marry. As noted, there is also an allegation in the case that the petitioner had married the complainant under the Special Marriage Act. The materials on record do not prima facie make out a case of rape. The materials also do not make out a case under Section 465 of the Indian Penal Code. In the circumstances, especially having regard to the fact
that the matter has been settled between the parties, I am inclined to grant the relief sought for by the petitioner. In the result, the Criminal M.C. is allowed and Annexure A1 complaint and all further proceedings thereto, now pending as C.P.No.78 of 2018 on the files of the Judicial First Class Magistrate Court, Chalakkudy, are quashed. Sd/- P.B.SURESH KUMAR, JUDGE. PV APPENDIX PETITIONER'S EXHIBITS: ANNEXURE A1 CERTIFIED COPY OF THE PRIVATE COMPLAINT FILED BY THE 2ND RESPONDENT AGAINST THE PETITIONER AS CRIMINAL M.P.NO.2394/2018 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT CHALAKKUDY. ANNEXURE A2 A TRUE PHOTOCOPY OF THE MEDIATION AGREEMENT DATED 14.11.2019 IN MC NO.112/2016 FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT CHALAKKUDY. RESPONDENTS' EXHIBITS: NIL