IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 21ST AUGUST 2008 / 30TH SRAVANA 1930 Crl.MC.No. 2990 of 2008() ----------------------------------- CRIME NO.242/2003 OF BADIADKA POLICE STATION .......................... PETITIONER/ ACCUSED ---------------------------------- A.K.SULAIMAN, AGED 39 YEARS, S/O.LATE ANDUKKA, RESIDING AT MAVINAKKATTE, NEKRAJE VILLAGE, NEKRAJE POST, KASARAGOD TALUK, KASARAGOD DISTRICT. BY ADV. SRI.T.MADHU RESPONDENTS/ COMPLAINANT ---------------------------------------------- 1. THE STATION HOUSE OFFICER, BADIADUKA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THAHIRA, AGED 30 YEARS, W/O.AHAMMED, D/O.LATE MUHAMMED KUNHI, RESIDING AT 2ND MILE, NEKRAJE VILLAGE, NEKRAJE POST, KASARAGOD TALUK, KASARAGOD DISTRICT. PUBLIC PROSECUTOR SRI.JIKKU JACOB SRI.PAULY MATHEW MURICKEN FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING : Rs/ R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2990 of 2008 ------------------------------------------------- Dated this the 21st day of August, 2008 ORDER The petitioner faces allegations in a crime registered alleging offences punishable under Secs.376, 315 and 420 IPC. The crime was registered on the basis of a private complaint filed by the de facto complainant and referred to the police by the learned Magistrate under Sec.156(3) Cr.P.C. 2. The crux of the allegations is that the parties were in love with each other. They had entered into sexual intercourse on many occasions. To prevent child birth, oral contraceptives were consumed by the victim/the de facto complainant as suggested by the petitioner. She became pregnant and the petitioner allegedly wanted the de facto complainant to get the pregnancy terminated to facilitate their marriage. He induced her to go to a Doctor and ensure Crl.M.C. No. 2990 of 2008 -: 2 :- termination of her pregnancy. Thereafter, the petitioner did not allegedly stand by his word and marry her. This is the crux of the allegation. 3. Investigation is in progress. Final report has not been filed yet. At this stage, the petitioner/accused and the de facto complainant have come before this Court with a prayer that the proceedings in the crime may be quashed invoking the jurisdiction under Sec.482 Cr.P.C. as enabled by the dictum in Madhan Mohan Abbot v. State of Punjab (2008 AIR SCW 2287). 4. The learned counsel for the petitioner submits that though the crime was registered as early as in 2003, final report has not been filed yet. The allegations do not really justify any proceedings against the petitioner. At any rate, parties having settled their disputes, the trauma may not be perpetuated. The further proceedings in the crime may be brought to premature termination by quashing the proceedings in this petition, it is prayed. 5. Parties submit that the 2nd respondent has already get married and is leading a happy and harmonious married life now. Continuance of the prosecution would amount to infliction of endless trauma and agony on her, it is submitted. Crl.M.C. No. 2990 of 2008 -: 3 :- 6. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor does not oppose the application. The learned Public Prosecutor submits that though about a period of 5 years have elapsed from the date of the filing of the F.I.R., police have not so far been able to file the final report. 7. Taking all the relevant circumstances into account, I am satisfied that this is an eminently fit case where the extraordinary inherent jurisdiction under Sec.482 Cr.P.C. as enabled by the dictum in Madhan Mohan Abbot v. State of Punjab (2008 AIR SCW 2287) can be invoked and the crime registered against the petitioner can be quashed. 8. In the result: (a) This Crl.M.C. is allowed. (b) Crime No.242/03 of the Badiadka Police Station registered at the instance of the 2nd respondent herein is hereby quashed. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 2990 of 2008 -: 4 :-