Amjadkhan v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID WEDNESDAY, THE 25TH DAY OF NOVEMBER 2015/4TH AGRAHAYANA, 1937 Crl.MC.No. 4923 of 2014 () --------------------------- CRIME NO. 971/2014 OF KATTAKADA POLICE STATION,THIRUVANANTHAPURAM DISTRICT ================= PETITIONER/ACCUSED:
----------------------------------- AMJADKHAN, AGED 24 YEARS S/O.PEER MOHAMMED, JASMINE MANZIL KONNIYOOR, PUNALAL P.O.
BY ADV. SRI.K.P.SUJESH KUMAR RESPONDENTS:
-----------------------
1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA.
2. JASMINE, D/O.RAMLA, RAMLA MANZIL KUZHIVILA PUTHEN VEEDU NEAR PARUTHIPPALLY SCHOOL, KUTTICHAL MANNOORKKARA VILLAGE, THIRUVANANTHAPURAM MINOR REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN, RAMLA, RESIDING AT RAMLA MANZIL, KUZHIVILA PUTHEN VEEDU NEAR PARUTHIPPALLY SCHOOL, KUTTICHAL MANNOORKKARA VILLAGE, THIRUVANANTHAPURAM.
R2 BY ADV. SRI.K.RAJESH KANNAN R1 BY PUBLIC PROSECUTOR SHEEBA M.T.
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 25-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 4923 of 2014 () APPENDIX PETITIONER'S EXHIBITS ----------------------------------- ANNEXURE-A1: CERTIFIED COPY OF THE F.I.R IN CRIME NO.971 OF 2014 OF KATTAKKADA POLICE STATION, DATED 5.8.2014 ANNEXURE-A2: TRUE COPY OF THE CERTIFICATE ISSUED FROM KALLIKAD JAMA- ATH DATED 21.6.2014 ANNEXURE-A3: AFFIDAVIT SWORN TO BY THE SECOND RESPONDENT BEFORE THE NOTARY PUBLIC, DATED 25.8.2014 ANNEXURE-A4: AFFIDAVIT SWORN TO BY THE MOTHER OF THE SECOND RESPONDENT BEFORE THE NOTARY PUBLIC, DATED 20.8.2014 RESPONDENTS' EXHIBITS -------------------------------------- NIL // TRUE COPY // P.A. TO JUDGE SD
P. UBAID, J.
--------------------------------------- Crl.M.C.No.4923 of 2014 --------------------------------------- Dated this the 25th day of November, 2015
O R D E R
The petitioner seeks orders quashing the FIR and further proceedings in Crime No.971/2014 of the Kattakkada Police Station, registered under Section 376 IPC read with Section 3(a) of the Protection of Children from Sexual Offences Act, 2012. The victim of offence is only 17 years old. The petitioner seeks orders on the ground of amicable settlement of the whole dispute. This crime happened to be registered on the allegation that consent for sexual intercourse was vitiated by a false promise. It appears that the victim brought the complaint when the petitioner retracted from his promise to marry her. Now, the whole dispute stands resolved forever, and in terms of the settlement arrived at, the petitioner has also married the victim of offence. The victim was married by the petitioner on 20.10.
2015 in accordance with the customary ceremonies, and such marriage stands registered under the Kerala Registration of Marriages (Common) Rules, 2008.
Crl.M.C.No.4923 of 2014 grievance or complaint now.
2. In so many decisions, the Honourable Supreme Court has held that even in cases involving non-compoundable offences, the High Court can quash the prosecution, if the parties have really settled the dispute, and continuance of the prosecution will not serve any purpose. In the present circumstance where the victim is married by the petitioner, continuance of the prosecution may even defile their present happy matrimony. It is appropriate that the prosecution be quashed.
In the result, the FIR and further proceedings against the petitioner in Crime No.971/2014 of the Kattakkada Police Station will stand quashed under Section 482 Cr.P.C.
Sd/- P. UBAID, JUDGE sd // True Copy // P.A. To Judge