IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 26TH OCTOBER 2010 / 4TH KARTHIKA 1932 Crl.MC.No. 3707 of 2010(E) -------------------------------------- [CRIME NO.938/2010 OF TOWN SOUTH POLICE STATION, ERNAKULAM] .................... PETITIONER/DEFACTO COMPLAINANT: --------------------------------------------------------- MARY NIMMI, AGED 24 YEARS, D/O.AMBROSE, KALATHI PARAMBU VEETIL, NEAR KARUTHEDAM CHRISTIAN CHURCH, ELAMKUNNAPUZHA VILLAGE, KARUTHEDAM DESOM, KOCHI TALUK. BY SRI.P.VIJAYA BHANU, SENIOR ADVOCATE, ADVS. SRI.M.REVIKRISHNAN, SRI.VIPIN NARAYAN. RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I. OF POLICE, ERNAKULAM TOWN SOUTH POLICE STATION. BY PUBLIC PROSECUTOR SRI. P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.3707 OF 2010 --------------------------------------------- Dated 26th October, 2010 O R D E R Petitioner, the de facto complainant in Crime No.938/2010 of Town South Police Station, Ernakulam registered for the offences under Sections 376, 417 and 328 of Indian Penal Code and Section 66 of Information Technology Act, 2000 filed this petition under Section 482 of Code of Criminal Procedure, to quash the proceedings contending that she has settled all the disputes with the accused and in view of the settlement, it is not in the interest of justice to continue the prosecution. 2. Learned Public Prosecutor on getting instructions submitted that Crmc 3707/10 2 petition was filed by the de facto complainant voluntarily. Additional affidavit was filed by petitioner stating that she and accused were on intimate terms and she had submitted complaint based on which crime was registered, as her objectionable photos were taken by the accused and subsequently mobile phone and computers in which the objectionable photos were stored were seized by the police. In such circumstances, her grievance stands redressed. She has also stated that whatever relationship she had with the accused was with her consent and due to commencement of the investigation her father fell ill and she was also afflicted by depression and her marriage proposals had to be dropped and in such circumstances, it is not in the interest of justice to continue the prosecution. Crmc 3707/10 3 3. Learned Senior counsel appearing for the petitioner and learned Public Prosecutor were heard. 4. Though consequent to the settlement of the dispute with the accused, an offence under Section 376 of Indian Penal Code cannot be quashed, exercising the inherent powers of this Court, as it may yield to undesired result, facts of the case are different. De facto complainant has filed Annexure-A complaint before Sub Inspector of Police disclosing her relationship with the accused and alleging that she had been taken to a resort and thereafter her naked photographs were taken and she was subjected to sexual intercourse without her consent. The affidavit filed by the petitioner shows that whatever happened was with her consent and petitioner Crmc 3707/10 4 would also submitted that continuation of the investigation is causing difficulty for her future life and in such circumstances, she sought to quash the proceedings. 5. Considering the facts, in the light of the affidavit filed by the petitioner, even if a final report is submitted and the accused is tried, there is no likelihood of a successful prosecution. At best, it would only cause further embarrassment to the petitioner, the real victim. Therefore, it is not in the interest of justice to continue the prosecution. It is made clear that this cannot be used as a precedent and the offence is quashed in the peculiar circumstances of the case. Petition is allowed. Crime No.938/2010 of Town South Police Station, Ernakulam is Crmc 3707/10 5 quashed. In view of the objectionable materials, in the mobile phone and computer investigating officer is directed to delete the objectionable materials from them permanently before returning them to the accused, in accordance with law. M.SASIDHARAN NAMBIAR, JUDGE. uj.