JISHNU VINAYAN S/O. VINAYACHANDRAN NAIR v. STATE OF KERALA
2020-10-19
P.V.KUNHIKRISHNAN
body2020
DigiLaw.ai
ORDER : The petitioner is the accused in Crime No.1111/2020 of Pala Police Station, Kottayam. Above case is registered against the petitioner alleging offences punishable under Sections 376(2)(n) of IPC and Sections 4, 3, 6, 5(j)ii) and 5(l) of the Protection of Children from Sexual Offence Act, 2012. 2. When this matter came up for consideration, the learned counsel for the petitioner submitted that the petitioner married the victim in this case. The learned counsel submitted that Annexure A3 is the copy of the marriage certificate issued by the Competent Authority after registering the marriage as per Special Marriage Act. The counsel submitted that the victim delivered a child also and now the petitioner and the victim are residing together as husband and wife. A counsel appeared for the 2nd respondent and he submitted that the 2nd respondent is now residing with the petitioner as husband and wife. The learned Public Prosecutor obtained a report from the victim through the Investigating Officer. The Public Prosecutor also submitted that the victim is now residing with the petitioner as Husband and wife. 3. It is true that offences under Sections 376 is non compoundable. But this Court considered this point in detail in this case in Denu P Thambi v. MSX D/o.Susan [ 2019 (2) KLT 996 ]. The allegation in this case is also to the effect that there was promise to marry and thereafter sexual intercourse and subsequently the petitioner withdrew from the promise. This point is considered by this Court in detail in the above judgment and this Court quashed the proceedings in that case which is a similar situation. It is a fact that the petitioner and the victim are now residing together as husband and wife. It is also a fact that there is a child. The victim reported before this Court that, if the case is proceeded, she will loose her matrimonial life. Considering the entire facts and circumstance of the case and considering the dictum laid down in Denu P Thambi's case, I think the proceedings can be quashed. 4. Having considered the gravity of the offences alleged, nature of the injury caused and having perused the affidavit filed by the 2nd respondent, the contents of which are submitted to be true and voluntary, I am satisfied that the matter has been amicably settled and that no public interest is involved in this matter.
4. Having considered the gravity of the offences alleged, nature of the injury caused and having perused the affidavit filed by the 2nd respondent, the contents of which are submitted to be true and voluntary, I am satisfied that the matter has been amicably settled and that no public interest is involved in this matter. Moreover, in view of the settlement arrived at between the parties, there is no possibility of the criminal proceedings ending in conviction. As such, continuance of the proceedings will amount to an abuse of process of Court and hence, in view of the legal position set out by the Honourable Supreme Court in Madan Mohan Abbot v. State of Punjab { (2008) 4 SCC 582 ] and Gian Singh v. State of Punjab and another [ (2012) 10 SCC 303 ], there is no impediment in granting the relief. In the result, this Crl.M.C is allowed. All further proceedings in Crime No.1111/2020 of Pala Police Station, Kottayam are quashed.