IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 2ND FEBRUARY 2011 / 13TH MAGHA 1932 CRL.MC.NO. 5032 OF 2010() --------------------------------------- SC.1477/2007 OF II ADDL. ASSISTANT SESSIONS COURT, TRIVANDRUM PETITIONER(S): ACCUSED NO.1 ---------------------------------------------- JAYAN.P., AGED 29 YEARS, S/O. PRABHAKARAN, KULAMNIKATHIYA VEEDU, T.C.16/699, JEGATHY, THYCAUD VILLAGE, THYCAUD.P.O., THIRUVANANTHAPURAM. BY ADV. SRI.D.KISHORE SMT.MINI GOPINATH RESPONDENT(S): STATE AND DEFACTO COMPLAINANT ------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. FATHIMA HIND, AGED 23 YEARS, T.C.2/982, 'SANDRA', MURINJAPALAM, PATTOM, THIRUVANANTHAPURAM-695004. 3. MOOSA, AGED 25, S/O. ABDUL MUHASIN, T.C. 2/982, SANDRA, MURINJAPALAM, KUMARAPURAM, THIRUVANANTHAPURAM-690548. BY PUBLIC PROSECUTOR SHRI PUZHAKKARA MUHAMMED ADV. SRI.SHAJIN S.HAMEED FOR R2,R3. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.5032 of 2010 ==================================== Dated this the 02nd day of February, 2011 O R D E R Accused No.1 in Crime No.479 of 2002 of Medical College Police Station and S.C. No.1477 of 2007 of the court of learned Additional Sessions Judge-II, Thiruvananthapuram is the petitioner before me requesting to quash Annexure-I, final report against him for offences punishable under Sections 366A, 363, 376, 114 and 120B read with Section 34 of the Indian Penal Code. Annexure-I, final report and further proceedings are requested to be quashed against petitioner on the strength of the settlement reached between petitioner and respondent No.2, the victim. Annexure-II is the compromise reached between petitioner and respondent No.2. I have heard learned counsel for petitioner, respondent No.2 and the learned Public Prosecutor. 2. Case is that petitioner kidnapped respondent No.2 who, then was a minor and committed rape on her. It is requested that in the light of Annexure-II, compromise, the proceedings may be quashed. But I must bear in mind that in the nature of the offence alleged to be committed, it would appear that while CRL.M.C. No. 5032 of 2010 -: 2 :- respondent was a minor, she was induced on a promise of marriage, was taken to different places and was subjected to sexual intercourse. I have gone through statement of respondent No.2 who then was aged only 14 years. It is a case of an innocent girl being misused on a false promise of marriage. I am not persuaded to think that this Court is required to invoke Section 482 of the Code of Criminal Procedure which if allowed would give a wrong message to such offenders. I am not persuaded to grant reliefs to the petitioner on the strength of the compromise entered into between the petitioner and respondent No.2. Petitioner has to face trial. Resultantly, Criminal Miscellaneous Case is dismissed without prejudice to the right of petitioner to take appropriate defence in the trial court. THOMAS P. JOSEPH, JUDGE. vsv