IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 17TH JUNE 2009 / 27TH JYAISHTA 1931 Crl.MC.No. 1365 of 2009() ------------------------------------- (CRIME NO.16/09 OF KODUVALLY POLICE STATION) PETITIONER(S): DEFACTO COMPLAINANT: ---------------------------------------------------------------- JASEELA, D/O.P.V.ABDU, PUTHEN VEETTIL HOUSE, VENCHERRY AMSOM, NOORAMTHODE, KODENCHERRY. BY ADV. MR.T.G.RAJENDRAN RESPONDENT(S): ACCUSED/STATE: ------------------------------------------------------- 1. MUNEER, S/O. ALIKUNHI, VILAKKATTU KAVIL HOUSE, VENCHERRY, KANNOTH.P.O., KODENCHERRY AMSOM. 2. SUB INSPECTOR OF POLICE, KODENCHERRY POLICE STATION. 3. C.I. OD POLICE, THAMARASSERY. 4. STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 TO R4 BY PUBLIC PROSECUTOR MR. P.RAVEENDRA BABU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 1365 OF 2009 =========================== Dated this the 17th day of June,2009 ORDER Petitioner is the de facto complainant in Crime No.16/2009 of Kodencherry Police Station. Based on her First Information Statement, the case is registered for the offence under section 366A and 376 of Indian Penal Code against the first respondent. As per the First Information Statement she was in love with the first respondent who promised her to marry and on that promise she was taken to a rubber plantation and thereafter making her believe that he will marry her first respondent had sexual intercourse with her and later she came to know that first respondent is preparing to marry another girl and she disclosed the fact to her sister who in turn informed it to the mother and with them she went to the Police Station and furnished the First Information Statement. This petition is filed under section 482 of the Code of Criminal Procedure to quash Annexure I First Information Report contending that the First Information Statement was furnished on the belief that Crl.M.C.1365/2009 2 first respondent will not marry her and subsequently there was a settlement of the disputes and first respondent has agreed to marry the petitioner and the marriage is now fixed to be conducted on 14.3.2010. Along with the petition Annexure II document signed by the President and Secretary of Islahul Muslimeen Committee is produced which shows that the marriage of the petitioner and first respondent were fixed at the house of the petitioner on 9.3.2009 and the marriage is to be solemnised on 14.3.2010. Case of the petitioner is that First Information Statement was lodged only because of the impression that first respondent would wriggle out of the relationship, which subsequently found to be not correct and therefore there is no necessity to proceed with the case. Petitioner has produced a copy of the birth certificate issued from the Thamarassery Grama Panchayat to show that she was born on 3.3.1992. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. In the light of the Annexure II minutes of the engagement of the petitioner with the first respondent it is absolutely clear that there was a settlement between the families of petitioner and first respondent with regard to their marriage. Annexure 1 First Information Crl.M.C.1365/2009 3 Report itself establish that first respondent had sexual relationship with the petitioner with her consent. In such circumstance when first respondent has already agreed to marry the petitioner and the marriage was fixed, it is not in the interest of justice to proceed with the investigation of the case. Therefore to secure interest of justice, Crime 16/2009 of Kodencherry Police Station is quashed. Petition is disposed accordingly. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006