IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 30TH JUNE 2011 / 9TH ASHADHA 1933 Crl.MC.No. 1693 of 2011() ---------------------- CRIME NO. 51/2010 OF KOLATHUR POLICE STATION, MALAPPURAM ............... PETITIONERS / DEFACTO COMPLAINANT AND ACCUSED : ------------------------------------------------------------------------------------- 1. VINEETHA L., D/O.R.MANIYAN, THEVER ESTATIL HOUSE, KEEZHAYIKONAM, P.O.VENJHARAMMOODU, THIRUVANANTHAPURAM DISTRICT. 2. MOHAMMED HASSAN, S/O.ALI, MANCHALAMKUZHI HOUSE, PANANGAMGARA, RAMAPURAM P.O., MALAPPURAM DISTRICT. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENTS / COMPLAINANT AND STATE : ------------------------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, KOLATHUR POLICE STATION, MALAPPURAM DISTRICT, PIN-679338. 2. THE DEPUTY SUPERINTENDENT OF POLICE, PERINTHALMANNA, PIN-679322. 3. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031. R1 TO R3 BY PUBLIC PROSECUTOR SRI. JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/- Crl.MC.No. 1693 of 2011() APPENDIX PETITIONER'S ANNEXURE'S ANNEXURE - A : COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 51/2010 PREPARED BY THE 1ST RESPONDENT. ANNEXURE - B : COPY OF THE AFFIDAVIT DATED 25.5.2011 OF THE 1ST PETITIONER. ANNEXURE - C : COPY OF THE RELEVANT PAGES OF THE PASSPORT OF THE 2ND PETITIONER. RESPONDENT'S ANNEXURE'S - NIL //TRUE COPY// P.A. TO JUDGE Mn THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.1693 of 2011 --------------------------------------- Dated this 30th day of June, 2011 ORDER Petitioners are de facto complainant and accused in Crime No.51 of 2010 of Kolathur Police Station for offences punishable under Secs.376 of the Indian Penal Code and Sec.3(1)(xi) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act. It is stated that during the time of incident first petitioner/de facto complainant was an engineering student, was acquainted with the second petitioner, she was taken to Mangalore where they spent a day and she was subjected to sexual intercourse against her will. The first petitioner then promised to marry her and forbade her from disclosing the incident to anybody else. After some time first petitioner, learning that second petitioner was proposed to another girl complaint to the police. Based on that complaint the police registered Crime No.51 of 2010 and the matter is under investigation. At that stage, petitioners claim to have settled the dispute and accordingly request this Court to quash proceeding. First petitioner has sworn Annexure-B, affidavit stating that she has settled the dispute with the second petitioner. I have heard learned Public Prosecutor also. Crl.M.C.No.1693 of 2011 -: 2 :- 2. As the learned Public Prosecutor submitted final report has not so far been filed. The offences alleged are of serious nature and having regard to that, I am not inclined to think that this Court should interfere and quash proceeding. Resultantly without prejudice to other right, if any of petitioners this criminal miscellaneous case is closed. (THOMAS P JOSEPH, JUDGE) Sbna/-