IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 11TH APRIL 2011 / 21ST CHAITHRA 1933 CRL.MC.NO. 1165 OF 2011() ---------------------------------------- (CRIME NO.554 OF 2009 OF VADAKKEKKAD POLICE STATION) PETITIONER(S): ACCUSED: --------------------------------------- 1. ABBAS @ APPAS, AGED 40, S/O.KUNJU BAVUMMEL, CHAKKOLAYIL HOUSE, AALAPPALAM, PUNNAYOOR, CHAVAKKAD, THRISSUR DISTRICT. 2. MAJEED, AGED 27, S/O.LATE ABOOBACKER @ AVUTTY, KAIPPADIYIL HOUSE, VADAKKAYIL, VADAKKE PUNNAYOOR, CHAVAKKAD, THRISSUR DISTRICT. BY ADV. SMT.S.L.SYLAJA RESPONDENT(S): STATE & COMPLAINANT: ------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SHAJITHA, AGED 31, D/O.LATE SULAIMAN, MENANTHOTTATHIL HOUSE, AALTHARA P.O., PLUNNAYOORKULAM, THRISSUR DISTRICT. ADV. SMT.R.PADMAKUMARI FOR R2 BY PUBLIC PROSECUTOR SHRI JAIBY PAUL THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 11/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1165 of 2011 ==================================== Dated this the 11th day of April, 2011 O R D E R Petitioners are accused in Crime No.554 of 2009 of Vadakkekkad Police Station for offences punishable under Section 376 read with Section 34 of the Indian Penal Code and Section 67 of the Information and Technology Act. The second respondent preferred a complaint to the Superintendent of Police which was forwarded to the local police for investigation. Learned Public Prosecutor submitted that after investigation the police submitted final report on 30.11.2010 for the said offences. Petitioners seek to quash proceeding against them on the strength of a settlement reached with the second respondent. I have heard learned counsel for petitioner, second respondent and the learned Public Prosecutor. 2. Learned counsel for petitioners and the second respondent have confirmed the settlement. The second respondent has sworn an affidavit stating the circumstances under which the alleged incident occurred. Learned counsel for second respondent has confirmed the authenticity of the affidavit. In the CRL.M.C. No.1165 of 2011 -: 2 :- affidavit it is stated that the whole incident (referred to in the FIR and the final report) occurred with the consent of second respondent. It is stated that second respondent has no grievance against petitioners and does not want to proceed with the matter further. Learned Public Prosecutor submitted that second respondent has settled the matter with petitioners and that the Investigating Officer has recorded the statement of second respondent in that regard. 3. I have gone through the affidavit sworn by the second respondent where she has made a frank confession that whatever transpired as stated by the prosecution was with her consent. The second respondent is a lady aged 31 years and capable of giving her consent. In the light of the said version of the second respondent in her affidavit, proceeding with the prosecution is of no use. For, even if the second respondent chose to give evidence in support of the prosecution case, affidavit sworn by her is a weapon in the hands of petitioners since prosecution depended on the evidence second respondent may give in court. In the light of the affidavit referred above, chance of prosecution succeeding is practically 'nil'. Hence I am inclined to terminate the proceeding. CRL.M.C. No.1165 of 2011 -: 3 :- Resultantly, Criminal Miscellaneous Case is allowed. The final report in Crime No.554 of 2009 of Vadakkekkad Police Station, cognizance taken thereon and proceeding if any taken by the learned Judicial First Class Magistrate, Kunnamkulam against petitioners are quashed. The material objects if any produced before the learned Magistrate shall be disposed of as provided under law after 90 days from this day and in case no other direction in the matter is issued by any other court during the said period. THOMAS P. JOSEPH, JUDGE. vsv