Kerala High Court
Akhil Raj @ Kannan vs The State Of Kerala
Author: Sunil Thomas
Bench: Sunil Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
TUESDAY, THE 24TH DAY OF JULY 2018 / 2ND SRAVANA, 1940
Crl.MC.No. 676 of 2018
AGAINST THE ORDER/JUDGMENT IN SC 55/2015 of SPECIAL COURT UNDER POCSO ACT,
KOTTAYAM
CRIME NO. 469/2014 OF PALLICKATHODE POLICE STATION , KOTTAYAM
PETITIONER(S)/ACCUSED:
AKHIL RAJ @ KANNAN
AGED 22 YEARS, S/O. RAJAN, VELLARAMPARA HOUSE,
VALLICKADU, ETTUMANOOR P.O, KOTTAYAM DISTRICT.
BY ADVS.SRI.K.R.AVINASH (KUNNATH)
SRI.ABDUL RAOOF PALLIPATH
SRI.PRAJIT RATNAKARAN
RESPONDENT(S)/STATE & DEFACTO COMPLAINANT:
1. THE STATE OF KERALA
REPRESENTED BY THE STATION HOUSE OFFICER, PALLICKATHODU
POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM - 682 031.
2. VIGI M. BIJU
AGED 21 YEARS, D/O. BIJU, MARASSERIL HOUSE, KANAKKARI,
KOTHANALOOR P.O, KOTTAYAM DISTRICT, NOW RESIDING AT
VELLARAMPARA HOUSE, VALLICKADU, ETTUMANNOOR P.O,
KOTTAYAM - 686 631.
R2 BY ADV. SRI.C.H.ABDUL RASAC
R BY PUBLIC PROSECUTOR:SMT SREEJA V
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24-07-2018, COURT
ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 676 of 2018 ()
APPENDIX
PETITIONER(S)' EXHIBITS:
ANNEXURE 1 TRUE COPY OF THE FINAL REPORT IN CRIME NO.469/14.
ANNEXURE 2 TRUE COPY OF THE MARRIAGE CERTIFICATE DATED 27.2.17.
ANNEXURE 3 TRUE COPY OF THE MARRIAGE CERTIFICATE ISSUED BY THE MUTHOLY
GRAMA PANCHAYAT.
ANNEXURE 4 TRUE COPY OF THE ANTI NATAL CARD ISSUED BY DEPARTMENT OF
OBSTETRICS AND GYNECOLOGY, GOVT MEDICAL COLLEGE, KOTTAYAM.
ANNEXURE 5 TRUE COPY OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT.
RESPONDENTS EXHIBITS:NIL
True Copy / P A to Judge
RESPONDENTS EXHIBITS:NIL
True Copy / P A to Judge
SUNIL THOMAS, J.
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Crl.M.C.No.676 of 2018
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Dated this the 24th day of July, 2018
ORDER
Petitioner herein, who is the sole accused in S.C.No.55 of 2015 of the Additional Sessions Court-I, Kottayam for offences punishable under sections 363, 366, 376 of the Indian Penal Code, section 23 of the Juvenile Justice (Care and Protection of Children) Act 2002 and section 5(1) of the Protection of Children from Sexual Offences Act, 2012, has approached this Court to quash the criminal proceedings on a settlement arrived at between the parties.
2. According to the petitioner herein, since the petitioner and the second respondent were in love, they left the house and lived together voluntarily. It is contended that, however, petitioner has not committed any of the offences alleged against him.
3. Considering the fact that offences alleged included sections 376 IPC and section 5(1) of POCSO Act, this Court is not inclined to invoke the jurisdiction under section 482 Cr.P.C. It is also stated by the petitioner that the parties have married and are living together. It is also reported that, at the time of filing the Crl.M.C, second respondent was pregnant. Crl.M.C.676/18 2
In the result, Crl.M.C is closed reserving the right of the petitioner herein to urge all his contentions before the court below.
Sd/-
SUNIL THOMAS Judge Sbna/24/7/18 True Copy / P A to Judge