IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 15TH DECEMBER 2010 / 24TH AGRAHAYANA 1932 Crl.MC.No. 4888 of 2010() ------------------------------------ C.P.NO.67/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT PERUMBAVOOR. CRIME NO.502/2010 OF KURUPPUMPADY POLICE STATION, ERNAKULAM RURAL. PETITIONER/ACCUSED --------------------------------- ELDHOSE PAUL, AGED 22 YEARS, S/O. N.P. POULOSE, NIRANAMKUNNUMPURATH HOUSE, PANIPRA P.O., KOTHAMANGALAM. BY ADV. SRI.K.S.HARIHARAPUTHRAN, SRI.M.D.SASIKUMARAN, SRI.GEORGE MATHEW, SRI.DIPU JAMES, SMT.K.V.RAMYA. RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE: ----------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY DY. S.P. PERUMBAVOOR, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. CIRCLE INSEPCTOR OF POLICE, KURUPPUMPADY POLICE STATION, PERUMBAVOOR, ERNAKULAM DIST., PIN-683 542. 3. SUB INSPECTOR OF POLICE, KURUPPUMPADY POLICE STATION, PERUMBAVOOR, ERNAKULAM DISTRICT, PIN-683 542. 4. ANJITHA @ MARIYAM, W/O. ELDHOSE PAUL, NIRANAMKUNNUMPURATH HOUSE, PANIPRA P.O., KOTHAMANGALAM, PIN – 686 691. R1 TO R3 BY PUBLIC PROSECUTOR MR.I.V. PRAMOD. R4 BY ADV. SRI.BIJI MATHEW. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4888 OF 2010 --------------------------------------------- Dated 15th December, 2010 O R D E R Petitioner is the accused and fourth respondent, the victim in C.P.67/2010 on the file of Judicial First Class Magistrate's Court, Perumbavoor, taken cognizance for the offence under Sections 3(1)(xii) of Scheduled Case and Scheduled Tribes (Prevention of Atrocities) Act, submitted by the Deputy Superintendent of Police, Perumbavoor under Annexure-A5. Annexure-A5 report shows that prosecution case is that petitioner who belongs to Christian Jacobite Community, was in love with fourth respondent, daughter of the de facto complainant. Promising that he will marry her, he had sexual intercourse with Crmc 4888/10 2 her. On 2/8/2010 at about 1 a.m, petitioner on the promise that he will marry fourth respondent, though agreed to have a registered marriage and promised to be at Registrar Office, but failed to be there and had withdrawn from the agreement and thereby committed the offences. Petition is filed under Section 482 of Code of Criminal Procedure contending that entire disputes were settled subsequently and by Annexure-A2 agreement signed by the de facto complainant and the petitioner and fourth respondent, it was agreed that petitioner would marry fourth respondent. Thereafter as evidenced by Annexure-A3 marriage certificate issued by the Assistant Vicar, St.George Hebron Jacobite Syrian Church, Kottappady, petitioner married fourth respondent on 23/8/2010. Under Annexure-A4, the Crmc 4888/10 3 marriage was registered in Kottappady Grama Panchayat. It is contended that it is not in the interest of justice to continue the prosecution. 2. Fourth respondent appeared through a counsel and filed an affidavit stating that entire disputes with the petitioner were settled and the petitioner has married her and she is now living with the petitioner as his wife and hence she has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioner, fourth respondent and learned Public Prosecutor were heard. 4. Prosecution case itself is that giving a promise to the fourth respondent that he will marry her, he had sexual intercourse with her and subsequently did not marry her. Crmc 4888/10 4 Annexures-A3 and A4 marriage certificates establish that petitioner has already married the fourth respondent. Affidavit filed by fourth respondent also establishes that petitioner has married her and she is living with the petitioner. In such circumstances, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.P.67/2010 on the file of Judicial First Class Magistrate's Court, Perumbavoor is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.