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2021 DIGILAW 451 (KER)

X X v. State Of Kerala, Represented By Public Prosecutor

2021-04-16

BECHU KURIAN THOMAS

body2021
ORDER : Petitioner is the accused in S.C.No.585 of 2020 of the Court of Special Judge (Fast Track Special Court) Court, Pattambi, arising out of Crime No.787/2019 of Ottapalam Police Station, Palakkad District for having allegedly committed the offences punishable under Sections 376(2)(n), 506(ii) of I.P.C. and Sections 4 r/w 3(a), 6 r/w 5(I) of the Protection of Children from Sexual Offences Act, 2012. 2. The de facto complainant is respondent No.2 herein, who has appeared through Adv. Unni Sebastian Kappen and has filed an affidavit as Annexure C stating that the matter has been amicably settled and that she has no existing grievance against the petitioner. The offences alleged are purely personal in nature and no serious prejudice will be caused to the public if the settlement is recognised. Further, possibility of the case ending in conviction is also very remote, if not impossible due to the said settlement. Recognising the said settlement augurs better in the interests of all. Petitioner has in fact married the victim on 31.12.2020 and the marriage certificate is produced as Annexure-B. 3. Reliance can be placed on the decisions in Gian Singh v. State of Punjab [ 2012 (4) KLT 108 ], Narinder Singh and Others v. State of Punjab and Another [ (2014) 6 SCC 466 ] and Yogendra Yadav and Others v. State of Jharkhand [ (2014) 9 SCC 653 ] for recognising the settlement entered into by the parties. 4. In view of the settlement arrived at between the petitioner and the 2nd respondent, the petitioner is entitled to get the proceedings quashed under Section 482 of the Cr.P.C. The victim and the petitioner are now husband and wife and are living together. Thus no purpose will be served by continuing the criminal case. In the result, the Crl.M.C. is allowed and all proceedings against the petitioner in S.C.No.585 of 2020 of the Court of Special Judge (Fast Track Special Court) Court, Pattambi, arising out of Crime No.787/2019 of Ottapalam Police Station, Palakkad District, shall stand quashed.