Kerala High Court
Arun vs State Of Kerala
Author: P.Bhavadasan
Bench: P.Bhavadasan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.BHAVADASAN
WEDNESDAY, THE 9TH DAYOF OCTOBER 2013/17TH ASWINA, 1935
Crl.MC.No. 4496 of 2013 ()
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SC. NO.827/2013 OF PRINCIPAL SESSIONS COURT, THIRUVANANTHAPURAM.
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PETITIONERS/ACCUSED:
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ARUN, AGED 31 YEARS, S/O.RAVEENDRAN NAIR,
KRISHNA DAS VEED, NCC ROAD,
KUDAPPANAKUNNU VILLAGE,
THIRUVANANTHAPURAM DISTRICT.
BY ADV. SRI.P.K.VARGHESE.
RESPONDENTS/RESPONDENTS:
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1. STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
2. SUJA, AGED 20 YEARS,
D/O.SUKUMARAN, KAVUMPURATHU HOUSE, TC NO.10/689,
DEVI NAGAR, PERURKADA VILLAGE, EDAKKULAM DESOM,
THIRUVANANTHAPURAM DISTRICT, PIN- 695 005.
R1 BY PUBLIC PROSECUTOR SMT.P.MAYA.
R2 BY ADV. SRI.P.P.BIJU.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 09-10-2013, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
rs.
Crl.MC.No. 4496 of 2013
APPENDIX
PETITIONER'S ANNEXURES:-
ANNEXURE I TRUE COPY OF THE FINAL REPORT IN SC NO. 827/2013
OF PRINCIPAL SESSIONS COURT, THIRUVANANTHAPURAM.
ANNEXURE II ORIGINAL OF THE AFFIDAVIT SWORN BY THE
2ND RESPONDENT.
RESPONDENT'S ANNEXURES:- NIL.
//TRUE COPY//
P.S.TO JUDGE.
rs.
- - - -P.-BHAVADASAN,2013 - -
-Crl.M.C.--No.- - - - of- - - - - -
- - 4496 - - -J.- -
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Dated this the 9-th day of-October, 2013.
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ORDER
This is a petition filed under Section 482 of the Code of Criminal Procedure seeking to have all further proceedings in S.C. No. 827 of 2013 of Principal Sessions Court, Thiruvananthapuram quashed.
2. The petitioner is arrayed as accused in the said case and he is alleged to have committed offences punishable under Sections 120B, 366A, 376(g) read with Section 34 of Indian Penal Code and Section 3(1)(xi) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.
3. It is pointed out that the disputes and issues between the petitioner and the defacto complainant have been settled and the defacto complainant has no further grievance in the matter and she does not wish to continue with the proceedings.
Crl.M.C.4496/2013. 2
4. The petitioner has impleaded the defacto complainant as second respondent, who entered appearance through a counsel and accepted that the affidavit, Annexure II, is sworn to by her. In the affidavit, she has stated that she has no grievance against the petitioner. She highlights that she is married and is staying in the matrimonial home. She fears that proceeding with the matter may affect her matrimonial life. Therefore, she does not wish to continue with the matter and she would like to give a quietus to the issue.
5. In the light of the stand taken by the victim, it is evident that proceeding with the matter will be an exercise in futility. Though the offence under Section 376 of I.P.C. is not compoundable and is a serious one, in the light of the stand taken by the victim, who says that she does not wish to proceed with the matter in view of the threat meted out to her family life, it is only proper that some relief can be granted to Crl.M.C.4496/2013. 3 the petitioner at least to save the family life of the victim.
In the result, this petition is allowed, and all further proceedings in S.C. 827 of 2013 of Principal Sessions Court, Thiruvananthapuram including the final report shall stand quashed and the petitioner shall stand discharged.
P. BHAVADASAN, JUDGE sb.