IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 Crl.MC.No. 4020 of 2008() ------------------------- CRIME NO.240/08 OF THE POTHANIKKAD POLICE STATION PETITIONER(S): ACCUSED ---------------------- AFFIN, AGED 21 YEARS, S/O.ABDUL SATHAR, VELLIKULATHU HOUSE, WEST KODIKULAM P.O THODUPUZHA. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENT(S): STATE AND DEFACTO COMPLAINANT -------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, POTHANIKKAD POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN - 682 031. 2. NIVIYA, AGED 19 YEARS, D/O.K.S.MUHAMMED, KIZHAKKEL HOUSE, PALLARIMANGALAM P.O., MAVUDY, KOTHAMANGALAM. BY P.P. SRI. GIKKU JACOB. ADV. SRI.NAVEEN THOMAS FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 4020 of 2008 ------------------------------------------------- Dated this the 31st day of October, 2008 ORDER The petitioner – a young person aged about 21 years, faces indictment in a prosecution for the offence of rape punishable under Sec.376 IPC. The 2nd respondent herein is the alleged victim. The crux of the allegations is that inducing the 2nd respondent to believe that they shall enter valid matrimony, the petitioner entered into sexual relationship with the 2nd respondent. It is said that they had entered into such sexual intercourse on more than one occasion. On the complaint filed by the 2nd respondent, a crime under Sec.376 IPC has been registered. Investigation is in progress. 2. At this juncture, the petitioner and the 2nd respondent have come before this Court to apprise this Court of the fact that the parties have willingly and voluntarily settled all their Crl.M.C. No. 4020 of 2008 -: 2 :- disputes. The petitioner and the 2nd respondent have entered valid matrimony and they are now living as husband and wife. The 2nd respondent does not, in these circumstances, have any grievance against the petitioner and she does not want to press her complaint against the petitioner. The offence is not compoundable; but the learned counsel for the petitioner as also the counsel for the 2nd respondent, who has entered appearance on behalf of the 2nd respondent, submit that the disputes between the parties having been settled harmoniously and they having entered valid matrimony, invoking the dictum in Madhan Mohan Abbot v. State of Punjab (2008 AIR SCW 2287) and Nikhil Merchant v. C.B.I. (2008 (3) KLT 769 (SC)) this unnecessary and irrelevant prosecution against the petitioner may be brought to premature termination. 3. A copy of the marriage certificate is produced. A joint application for composition filed by the petitioner and the 2nd respondent duly counter signed by their counsel is also filed. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor confirms such settlement/composition and submits that the State has no objection against the invocation of the dictum in the decisions referred above and the premature termination of the proceedings invoking the extraordinary Crl.M.C. No. 4020 of 2008 -: 3 :- inherent jurisdiction under Sec.482 Cr.P.C. 4. I am satisfied that this is an eminently fit case where the composition can be accepted notwithstanding the fact that the offence alleged is not compoundable. 5. In the result: (a) This Crl.M.C. is allowed. (b) The FIR in Crime No.240/08 of the Pothanikkad Police Station and all further steps taken in pursuance of the same are hereby quashed. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 4020 of 2008 -: 4 :-