IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 24TH JANUARY 2011 / 4TH MAGHA 1932 Crl.MC.No. 4723 of 2010(E) ------------------------------------- [CP.NO.133/2009 OF THE COURT OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT, IRINJALAKUDA NOW PENDING AS LPR NO.25/10 OF THAT COURT] .................... PETITIONER/ACCUSED: ---------------------------------- SOJAN, AGED 30 YEARS, S/O.JOSEPH, CHUKKILIYAN VEEDU, THAZHEKKADU VILLAG, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY SRI.P.VIJAYA BHANU, SENIOR ADVOCATE, ADVS. SRI.M.REVIKRISHNAN, SRI.VIPIN NARAYAN. RESPONDENTS/DEFACTO COMPLAINANT & STATE: --------------------------------------------------------------------------- 1. ELSY, AGED 60 YEARS, W/O.ANTONY, CHUKKILIYAN VEEDU, PULLUR VILLAGE, PULLUR DESOM – 680 683. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM – 682 031. R2 BY PUBLIC PROSECUTOR SRI. MOHAMMED ANSAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.4723 of 2010 --------------------------------------- Dated this 24th day of January, 2011 ORDER Petitioner is accused in Crime No.432 of 2008 of Irinjalakkuda Police Station, C.P.No.133 of 2009 and L.P.R.No.25 of 2010 of the court of learned Judicial First Class Magistrate, Irinjalakkuda. Petitioner is alleged to have committed offence under Sec.376 of the Penal Code. Case is that on 15.03.2008 at about 9 p.m he, at the residence of the de facto complainant facto complainant, his close relative gave her sweets mixed with sedative and committed rape on her. First information regarding the alleged incident was given on 03.05.2008 based on which Annexure-A, FIR case was registered against petitioner. Police investigated and submitted Annexure-B, final report alleging commission of offences as above stated. Petitioner states that himself and respondent No.1 have settled the dispute. Annexure- C is the affidavit sworn by respondent No.1. I have heard learned counsel for petitioner and learned Public Prosecutor. Learned Public Prosecutor after getting instructions has submitted that the matter has been settled between petitioner and respondent No.1 considering family relationship between them. It is also Crl.M.C.No.4723 of 2010 -: 2 :- submitted that on enquiry petitioner is not reported to be involved in any other cases in Irinjalakkuda Police Station. Learned counsel for petitioner has stated that petitioner is not involved in any other case. 2. I have gone through Annexure-C, affidavit of respondent No.1. Her affidavit states that petitioner is a close relative of respondent No.1 and that the entire dispute arose on some misunderstanding which is now settled. Respondent No.1 states that she has no objection in this court quashing the proceedings against petitioner. 3. Affidavit of respondent No.1 shows that petitioner is closely related to her, he being the son of elder brother of her husband. Possibly, to maintain good family relationship respondent No.1 has settled the dispute with petitioner. Offence alleged does not in any way affect public tranquility and peace. The success of the prosecution case depends on the manner in which respondent No.1 is to gave evidence. In the light of Annexure-C, affidavit there is no possibility of a successful culmination for the prosecution case. In view of that and in the light of the settlement parties have reached, I am inclined to allow this petition. Crl.M.C.No.4723 of 2010 -: 3 :- Resultantly this criminal miscellaneous case is allowed and Annexure-B, final report in Crime No.432 of 2008 of Irinjalakkuda Police Station and all proceedings against petitioner in C.P.No.133 of 2009 and L.P.R.No.25 of 2010 of the court of learned Judicial First Class Magistrate, Irinjalakkuda are quashed. (THOMAS P JOSEPH, JUDGE) Sbna/-