IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 25TH SEPTEMBER 2008 / 3RD ASWINA 1930 Crl.MC.No. 3237 of 2008() ------------------------- CRIME NO.384/08 OF THE MANNARKAD POLICE STATION PETITIONER(S): ACCUSED ---------------------- UMAR FAROOQUE, AGED 23 YEARS, S/O.MOHAMMED, RESIDING AT 'KOLANI HOUSE', KILIRANI, KARAKURISHI, MANARKKAD, PALAKKAD. BY ADV. SRI.MANSOOR.B.H. RESPONDENT(S): COMPLAINANT & STATE ---------------------------------- 1. STATE OF KERALA, REP.BY SUB INSPECTOR OF POLICE, MANNARKKAD POLICE STATION, MANNARKKAD (CRIME NO.384/2008)REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. KUMAR.P.V, D/O.KALI, AGED 26 YEARS, NJARAKKOTTIL VEEDU, PONTHIYAMBURAM COLONY, KARAKURISHI. ADV. SRI.R.KRISHNAKUMAR (CHERTHALA) FOR R2 PUBLIC PROSECUTOR SRI. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 3237 of 2008 ------------------------------------------------- Dated this the 25th day of September, 2008 ORDER The petitioner is the sole accused in Crime No. 384/08 of the Mannarghat police station registered under Section 376 IPC and Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act. That crime against the petitioner, who is shown to be aged 23 years, is filed at the instance of the second respondent herein - a person aged about 26 years. In the complaint filed by her, she alleged that they were acquainted with each other from 2000. They had developed intimacy. They were in love. They were co-workers. They had together gone to many places, including Malampuzha. On one day in July 2007, they had gone to Malampuzha. It was raining. They got wet. They went to a hotel. A room was taken in the hotel. The petitioner had allegedly sexual intercourse with the second respondent against her will and without her consent. Subsequently, at Crl.M.C. No. 3237 of 2008 -: 2 :- Malampuzha and at many other places they had sexual intercourses. But he took the decision to marry someone else and the 2nd respondent came to know of it in May, 2008. It was then she filed the complaint before the police on 16/6/08. Crime has been registered. Investigation is in progress. Investigation is not complete yet. 2. It is at this stage that the petitioner and the 2nd respondent have come together before this Court to apprise this Court of the fact that the disputes have been settled and the 2nd respondent has no grievance whatsoever against the petitioner. She has compounded the offences committed by the petitioner. 3. The learned counsel for the petitioner submits that even going by the allegations, the F.I.R. is liable to be quashed as it is evident that consensual sexual intercourses which had taken place are now attempted to be described as sexual intercourses without consent. In fact, a perusal of the F.I.R. would show that no grievance is raised about the subsequent sexual intercourses except the first. In this view of the matter, the F.I.R. deserves to be quashed, submits the learned counsel for the petitioner. 4. The learned counsel for the petitioner submits that in any view of the matter in view of the settlement of the dispute between the parties and the composition subsequently effected Crl.M.C. No. 3237 of 2008 -: 3 :- invoking the dictum in Madhan Mohan Abbot v. State of Punjab (2008 AIR SCW 2287) also the proceedings deserve to be quashed. 5. The 2nd respondent has entered appearance through counsel. An affidavit duly attested by the counsel has been filed to confirm that she has settled the dispute and has compounded the offences allegedly committed by the petitioner. 6. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor reports that the State has no objection against the quashing of the proceedings by this Court invoking the extraordinary inherent jurisdiction under Sec.482 Cr.P.C. as enabled by the dictum in Madhan Mohan Abbot. 7. I am satisfied that the parties have willingly and voluntarily settled their disputes. I find merit in the contention of the learned counsel for the petitioner that the alleged sexual intercourses even accepting the entire allegations can only be described as consensual sexual intercourses between an adult male and a female. In any view of the matter, I am satisfied that as enabled by the dictum in Madhan Mohan Abbot the extraordinary inherent jurisdiction under Sec.482 Cr.P.C. can be invoked to bring to termination the prosecution which has lost all its meaning and significance. In the absence of opposition form Crl.M.C. No. 3237 of 2008 -: 4 :- the State and in view of the specific consent by the respondent/the alleged victim, it is not necessary to advert to the facts in any greater detail in this order. 8. In the result: (a) This Crl.M.C. is allowed. (b) Crime No.384/08 of the Mannarkad Police Station and all further steps taken in pursuance of the same are hereby quashed. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 3237 of 2008 -: 5 :-