IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 30TH AUGUST 2010 / 8TH BHADRA 1932 Crl.MC.No. 2550 of 2010(C) ------------------------------------- (CRIME NO.234/2010 OF PANGODU POLICE STATION, THIRUVANANTHAPURAM DISTRICT) .................... PETITIONER/ACCUSED: ---------------------------------- BINU, S/O.CHANDRA BABU, CHANVILA PUTHEN VEEDU, P.P.NO.18/315,THANNIYAM, ANAKUDI MURI, PANGODE VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADVS. SRI.NAGARAJ NARAYANAN, SRI.SAIJO HASSAN, SRI.BENOJ C AUGUSTIN, SRI.PRATHAP PILLAI. RESPONDENTS/STATE & DEFACTO COMPLAINANT: --------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. ATHIRA, D/O.SASIKALA, KIZHAKKUMKARA PUTHEN VEEDU, THANNIYAM, ANAKUDI MURI, KALLARA VILLAGE, THIRUVANANTHAPURAM DISTRICT. R1 BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.2550 OF 2010 --------------------------------------------- Dated 30th August, 2010 O R D E R Petitioner, the accused in crime No.234/2010 of Pangodu Police Station registered for the offences under Sections 450 and 376 of Indian Penal Code filed this petition under Section 482 of Code of Criminal Procedure to quash the FIR contending that the ingredients of the offences are not attracted as Annexure II affidavit filed by the petitioner before Sessions court, Thiruvananthapuram shows that prosecutrix was not subjected to rape. 2. Learned counsel appearing for the petitioner was heard. 3. Accepting the affidavit filed by Crmc 2550/10 2 the prosecutrix that she was not subjected to rape, the case cannot be quashed as sought for. It is a matter for investigation. In the light of the statement to the contrary by the prosecutrix, based on which the FIR was taken, it is for the police to investigate the case properly. Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.