IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 2ND DECEMBER 2010 / 11TH AGRAHAYANA 1932 Crl.MC.No. 4735 of 2010() ------------------------------------- (CP.119/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, TRIVANDRUM) CRIMENO. 565/2008 OF FORT POLICE STATION THIRUVANANTHAPURAM .................... PETITIONER(S): ACCUSED -------------------------------------- VISWAMBHARAN,S/O.SIVARAMAN,V.V.HOUSE, TC.21/1801(3),TKRA-20,SOMAN NAGAR,KARAMANA, THIRUVANANTHAPURAM. BY ADV. SRI.SUMAN CHAKRAVARTHY RESPONDENT(S): DEFACTO COMPLAINANT AND STATE --------------------------------------------------------------------------------- 1. G.OMANA,D/O.GOMATHY,KUNNINPURATHU VEEDU, TC.21/882,KEEZHARANOOR,KARAMANA(PO), THIRUVANANTHAPURAM-605002. 2. RATHI.O.R,D/O.G.OMANA,KUNNINPURATHU VEEDU,TC.21/882,KEEZHARANOOR,KARAMANA(PO), THIRUVANANTHAPURAM-695002. 3. THE STATE OF KERALA,REP.BY ITS PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY ADV. SRI.SURESH WILFRED SMT.BINDU GEORGE R3 BY GOVERNMENT PLEADER SRI. P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4735 OF 2010 =========================== Dated this the 2nd day of December,2010 ORDER Petitioner is the accused and respondents 1 and 2 the de facto complainants in C.P.119/2009 on the file of Judicial First Class Magistrate Court-II, Thiruvananthapuram taken cognizance for the offence under section 366 of Indian Penal Code on Annexure A final report. Prosecution case is that on 17.9.2008 inducing the second respondent that he will marry her, persuaded her to accompany him from Vinayaka Charitable Home Nurse, Killipalam where she was employed and taken to Madura and resided together and without marriage had sexual intercourse with her and thereby committed the offence. 2. Petition is filed under section 482 of Code of Criminal Procedure contending that Crl.M.C.4735/2010 2 petitioner has married the second respondent and they are now living as husband and wife and in such circumstances it is not in the interest of justice to continue the prosecution. 3. Respondents 1 and 2 appeared through a counsel and filed separate affidavits. The affidavit filed by the first respondent shows that petitioner and second respondent were in love and they have gone together to Madura and married from there and they are now living along with the first respondent, as husband and wife and in such circumstances it is not in the interest of justice to continue the prosecution. It is stated that first respondent had only intimated that the daughter is missing. 4. Second respondent filed an affidavit stating that she is aged 25 years and out of her free will and volition she had gone with the petitioner on 17.9.2008 and she got married from a temple at Madhura and now petitioner and second respondent are living with the first respondent in Crl.M.C.4735/2010 3 her house and therefore it is not in the interest of justice to continue the prosecution. 5. Learned counsel appearing for the petitioner and respondents 1 and 2 and learned Public Prosecutor were heard. 6. The prosecution case itself is to the effect that petitioner promised the second respondent to marry her and took her to Madhura and had sexual intercourse with her. The affidavit filed by respondents 1 and 2 the mother and daughter establish that petitioner was in love with the second respondent and second respondent out of her free will accompanied the petitioner and gone to Madhura from where they got married. Affidavit filed also establish that now petitioner and second respondent are living as husband and wife and they are living along with the first respondent. In such circumstances, it is not in the interest of justice to continue the prosecution. Even if petitioner is to be tried, there is no likelihood of a successful prosecution and it will result in Crl.M.C.4735/2010 4 unnecessary waste of valuable time of the court. Petition is allowed. C.P.119/2009 on the file of Judicial First Class Magistrate-II, Thiruvananthapuram is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006