IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 31ST JANUARY 2011 / 11TH MAGHA 1932 Crl.MC.No. 128 of 2011() ------------------------ SC.389/2008 of ADDL. SESSIONS COURT (ADHOC-II), KASARAGOD CRIME NO.25/2005 OF HOSDURG POLICESTATION .................... PETITIONER(S)/ACCUSED: --------------- P.V.ANILKUMAR ,S/O.KUMARAN, KANHANGAD SOUTH PO, HOSDURG, KASARAGOD DISTRICT. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENT(S)/COMPLAINANT/STATE AND VICTIM: --------------- 1. STATE OF KERALA, REPRESENTED BY STATION HOUSE OFFICER, HOSDURG POLICE STATION THROUGH PUBLIC PROSECUTOR, HIHG COURT OF KERALA. 2. SANISHA V.V, D/O.UNNIKRISHNAN, KURUNTHUR PADANNAKKAD POST, KASARAGOD DISTRICT , PIN-671 314. (*)ADDL.RESPONDENT NO.3: V.V.LATHA, W/O.LATE UNNIKRISHNAN, KURUNTHUR, PADANNAKKAD POST, NEELESWARR, KASARAGOD DISTRICT. (*)ADDL.RESPONDENT NO.3 IS IMPLEADED AS PER ORDER DATED 24.1.2011 ON CRL.M.A.NO.369 OF 2011. PUBLIC PROSECUTOR SRI SABU SREEDHARAN FOR R1 SMT.T.SUDHAMANI FOR R2 & R3 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.128 of 2011 -------------------------------------- Dated this the 31st day of January, 2011. ORDER Respondent No.2 is the daughter of respondent No.3. On the information given by respondent No.3, the Hosdurg Police registered Crime No.25 of 2005 against petitioner for offence punishable under Section 363 of the Indian Penal Code (for short, “the Code”). Police after investigation submitted Annexure-3, final report alleging commission of offences punishable under Sections 363 and 376 of the said Code. Case was committed to the court of Sessions, Kasaragod which made over the case to the court of learned Additional Sessions Judge (Adhoc-II), Kasaragod where it is numbered as S.C.No.389 of 2008. In the meantime, it is said that petitioner settled the case with respondent Nos.2 and 3 and on the strength of that settlement seeks to quash proceedings against him. 2. I have heard learned counsel for petitioner, respondent Nos.2 and 3 and the learned Public Prosecutor. Learned Public Prosecutor after getting instruction, has confirmed that there is settlement between petitioner and respondent Nos.2 and 3. Crl.MC No.128/2011 2 3. It is submitted by learned counsel for petitioner and respondent Nos.2 and 3 that petitioner married the alleged victim(respondent No.2) on 16.01.2005 and since then they are living together as husband and wife. Annexure-4 is the agreement executed between petitioner and respondent No.2 where fact of marriage on 16.01.2005 is mentioned. Annexure-5 is the affidavit that respondent No.2 has sworn. 4. It is seen that at the time of alleged incident respondent No.2 was aged about 17 years and at the time Annexure-5, affidavit she is aged 23 years. Annexure-2 is the photocopy of marriage certificate evidencing that petitioner married respondent No.2. Thus, it is revealed from Annexures-2, 4 and 5 that though subsequent to the alleged incident petitioner married respondent No.2 and they are living together as husband and wife. 5. In view of the settlement and marriage, since petitioner and respondent No.2 are living together, the marital relationship shall not be affected by pendency of the case and also considering the fact that in view of the settlement between the parties there is no possibility of a successful culmination of the prosecution I am inclined to allow this petition. Crl.MC No.128/2011 3 Resultantly this petition is allowed. Annexure-3, final report in Crime No.25 of 2005 of the Hosdurg Police Station, cognizance taken thereon and all proceedings in S.C.No.389 of 2008 of the court of learned Additional Sessions Judge (Adhoc-II), Kasaragod will stand quashed against petitioner. THOMAS P.JOSEPH, Judge. cks