IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 18TH NOVEMBER 2010 / 27TH KARTHIKA 1932 Crl.MC.No. 4566 of 2010 --------------------------------- [C.P.NO.2/10 OF J.F.M.C-I, ALUWA, CR.NO.1255/08 OF THRIKKAKARA POLICE STATION] .......... PETITIONER/ACCUSED: ----------------------------------- GOPI, AGED 25 YRS., S/O. VEERAYYA, CHALUNGAL HOUSE, NORTH PIPE LANE, KALAMASSERY. BY ADV. SRI.T.R.ASWAS. RESPONDENTS/COMPLAINANT: ----------------------------------------------- 1. THE CIRCLE INSPECTOR OF POLICE, KALAMASSERY, PIN – 683 104, (CR.NO.1255/08 THRIKKARA P.S) 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682 031. 3. RAJENDRAN, CHALUNGAL HOUSE, NORTH PIPE LANE, KALAMASSERY, PIN – 683 104. 4. JYOTHI, D/O. RAJENDRAN, CHALUNGAL HOUSE, NORTH PIPE LANE, KALAMASSERY, PIN – 683 104. R1 & R2 BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD, R3 & R4 BY ADV. SMT.GIRIJA GOPAL. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4566 OF 2010 --------------------------------------------- Dated 18th November, 2010 O R D E R petitioner is the accused in C.C.2/2010 on the file of Judicial First Class Magistrate's Court-I, Aluva taken cognizance for the offence under Sections 363 and 376 of Indian Penal Code. Prosecution case is that on 27/9/2008 at about 7 a.m, promising to marry fourth respondent, daughter of the third respondent petitioner kidnapped her to Chennai and from 5/10/2008 to 10/10/2008 they resided together and then petitioner committed rape on her and thereby committed the offences under Sections 363 and 376 of Indian Penal Code. Petition is filed under Section 482 of Code of Criminal Procedure Crmc 4566/10 2 to quash the proceedings contending that petitioner married fourth respondent and they are living together as husband and wife and a child is born in that wedlock and the third respondent is also living cordially with them. It is contended that when fourth respondent was brought before the Magistrate after her arrest as evidenced by Annexure-B, her statement was recorded and she disclosed to the Magistrate that she had gone with the petitioner out of her will and volition voluntarily and she was not kidnapped or abducted and her father and brother had also come to the court. It is contended that in view of the facts, it is not in the interest of justice to continue the prosecution, especially when the petitioner and fourth respondent are living cordially, as legally Crmc 4566/10 3 wedded husband and wife. 2. Respondents 3 and 4 appeared through a counsel and filed separate affidavits. Third respondent in his affidavit stated that fourth respondent, his daughter was in love with the petitioner and both the petitioner and fourth respondent were produced before the Judicial First Class Magistrate-I, Aluva on 16/10/2008 and he was also present in court, when statements of fourth respondent was recorded and later in accordance with the religious rites, marriage ceremony was performed and petitioner along with fourth respondent are residing happily. Fourth respondent also in her affidavit stated that petitioner legally married her and a daughter by name Sanjana was born on Crmc 4566/10 4 30/12/2009 and they are leading a peaceful harmonious married life and therefore, the case is to be quashed. 3. Learned counsel appearing for the petitioner, respondents 3 and 4 and learned Public Prosecutor were heard. 4. Affidavits filed by third respondent father and fourth respondent daughter, establish that the petitioner married the fourth respondent and a daughter is also born to them. The affidavits also reveal that the petitioner was in love with the fourth respondent and fourth respondent voluntarily went along with the petitioner. When the fourth respondent was missing, the case was registered. Later both husband and wife were arrested and produced before the Magistrate. Annexure-B copy of the statement Crmc 4566/10 5 of the fourth respondent recorded by the Magistrate establishes that before the learned Magistrate fourth respondent has revealed that she had gone, out of her free will and volition, with the petitioner and she was aged 19 years. When the very prosecution case is that inducing the fourth respondent to believe that he will marry her, induced her to accompany him and went to Chennai and resided there as husband and wife, affidavit filed by respondents 3 and 4 establish that petitioner married fourth respondent and are living together, it is not in the interest of justice to continue the prosecution. In such circumstances, the proceedings is to be quashed. Petition is allowed. C.P.2/2010 on the file of Judicial First Class Crmc 4566/10 6 Magistrate's Court-I, Aluva is quashed. If petitioner is arrested and is in remand in this case, he shall be released forthwith, if he is not wanted in any other case. Registry to intimate Superintendent, Sub Jail, Aluva to release the petitioner, if he is remanded in this case and is not wanted in any other case. M.SASIDHARAN NAMBIAR, JUDGE. uj.