IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 8TH JUNE 2011 / 18TH JYAISHTA 1933 Crl.MC.No. 1616 of 2011() ------------------ CRIME NO. 10/2008 OF TRICHUR RAILWAY POLICE STATION .................... PETITIONER / ACCUSED : -------------------------------------- BONNY IYPE, AGED 23 YEARS, S/O.P.M.IYPE, RESIDING AT PUTHIYEDATH HOUSE, SOUMYA NAGAR, EDAPPALLY DESOM, COCHIN-682024, ERNAKULAM DISTRICT. BY ADV. SRI. PEEYUS A. KOTTAM RESPONDENTS / STATE AND DEFACTO COMPLAINANT : ---------------------------------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, RAILWAY POLICE STATION, TRICHUR REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682031. 2. SUB INSPECTOR OF POLICE, RAILWAY POLICE STATION, TRICHUR (INVESTIGATING OFFICER IN CRIME NO. 10/2008 OF TRICHUR RAILWAY POLICE STATION), PIN-688001. 3. SONY SOMAN PILLAY, AGED 26 YEARS, W/O.KRISHNA SWAMI, RESIDING AT KAVITHA HOUSE, NADAMMA VILLAGE, EZHUMURI DESOM, THRIPUNITHURA, ERNAKULAM DISTRICT, PIN-682301. R1 & R2 BY PUBLIC PROSECUTOR SRI. MANU R3 BY ADV. SRI. L. RAJESH NARAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1616 of 2011 ==================================== Dated this the 08th day of June, 2011 O R D E R Petitioner is accused in Crime No.10 of 2008 of Railway Police, Thrissur and C.C. No.442 of 2008 of the court of learned Judicial First Class Magistrate-III, Thrissur for offence punishable under Section 354 of the Indian Penal Code. Allegation is that on the night of 19.04.2008 while the third respondent was sleeping on the berth in Bangalore- Kochuveli train petitioner touched her body and outraged her modesty. Petitioner filed this petition to quash proceedings on the ground that no offence is made out. However during the pendency of this case parties have settled the dispute outside court and accordingly the third respondent has filed an affidavit in this Court appearing through counsel. In that affidavit it is stated that having regard to the subsequent intervening circumstances she has no interest in prosecuting the case. She requested that the affidavit may be accepted and appropriate orders may be passed. Learned counsel for petitioner and third respondent have confirmed the settlement. Learned counsel for third respondent also confirmed authenticity and CRL.M.C. No. 1616 of 2011 -: 2 :- genuineness of the affidavit. I have heard learned Public Prosecutor also. 2. Case is that the third respondent while she was sleeping felt as if somebody touched her body and on waking up and switching on the light she saw a bearded man bearing pants and shirt moving away from her side. Taking into account the fact that presently the matter is settled between the parties I am inclined to think that it is not necessary to continue the proceeding. I am inclined to allow the petition. Resultantly, Criminal Miscellaneous Case is allowed. Annexure-A3, final report in Crime No.10 of 2008 of Railway Police, Thrissur, cognizance taken thereon and proceeding in C.C. No.442 of 2008 of the court of learned Judicial First Class Magistrate-III, Thrissur against petitioner are quashed. THOMAS P. JOSEPH, JUDGE. vsv