Kerala High Court
Subair vs State Of Kerala on 19 November, 2021
Author: M.R.Anitha
Bench: M.R.Anitha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943
CRL.MC NO. 4053 OF 2020
AGAINST ORDER/JUDGMENT IN S.C.NO.614/2017 OF FAST TRACK SPECIAL COURT,
HARIPAD
PETITIONER/ACCUSED:
SUBAIR
AGED 38 YEARS
S/O MURSHID,KUNNAMPURATHU VEEDU,CHIRAKKADU AMSHAM,PALAKKAD TOWN
VILLAGE 3,PALAKKAD DISTRICT,NOW RESIDING AT
NAMBALASSERIL,KARUVATTAMKUZHI,
PATHIYOOR.P.O,PIN-690572.
BY ADV VINAYAK G MENON
RESPONDENTS/STATE/CW1:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
ERNAKULAM-682031.
2 VILASINI,
W/O SURESH CHAKKALA KIZHAKKATHIL,
CHERAVALLY MURI,KAYAMKULAM VILLAGE,
ALAPPUZHA-DISTRICT,NOW RESIDING AT NAMBALASSERIL,KARUVATTAMKUZHI
KAREELAKULANGARA,PATHIYOOR.P.O,
PIN-690572.
3 X
X
BY ADV SERGI JOSEPH THOMAS
OTHER PRESENT:
PP SANGEETHARAJ.N.R
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19.11.2021,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.4053 of 2020
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ORDER
This Crl.M.C. has been filed seeking to quash the entire proceedings against the petitioner/accused in S.C.No.614/2017 on the file of Fast Track Special Court, Haripad, which arose out of crime No.3284/2016 of Kayamkulam Police Station, Alappuzha, which is registered for the offences punishable u/s.363, 366 and 376 IPC and Section 5(1) r/w. 6 of POCSO Act and 3(1)(w)(i) of SC/ST PoA Act.
2. Petitioner is the sole accused in the above crime. It is alleged that the third respondent, who belongs to Hindu Thandan community, when was a minor kidnapped by the petitioner on 25.11.2016 from Kayamkulam KSRTC bus stand promising to marry her and taken her to a house at Nellai in Thrissur district and committed rape upon her from 25.11.2016 to 30.11.2016. Subsequently the mother of the victim filed complaint and the crime was registered against the petitioner.
3. The learned counsel for the petitioner submitted that the petitioner married the third respondent and now they are living as husband and wife and two children are born out of their Crl.M.C.No.4053 of 2020 3 wedlock. Annexure AI is the copy of the Final Report as well as the FIR and FIS. Annexure A2 is the certificate of marriage of the petitioner with the third respondent. Annexures A3 and A4 are the birth certificates of the children born to them.
4. It has come out that the petitioner married the third respondent - victim and presently they are living together as husband and wife.
5. Adv. Sri. Sergi Joseph Thomas appeared on behalf of respondents 2 and 3, the mother of the victim as well as the victim. He reports about the settlement arrived at between the parties.
6. The learned Public Prosecutor produced copy of the report along with the signed statement of the defacto complainant as well as the copy of the marriage certificate and also the birth certificates of the children.
7. It has come out that the petitioner married the defacto complainant and they are presently living together as husband and wife and two children are born out of their wedlock. So continuation of the proceedings against the petitioner would Crl.M.C.No.4053 of 2020 4 definitely affect the peaceful married life. It is relevant in this context to quote the decision of this Court in Ashiq v. State of Kerala [2019(2) KLT 1130], wherein this Court had an occasion to consider an identical situation and held that when parties have amicably settled the matter and the petitioner married the victim girl, for the ends of substantial justice, it will be necessary to quash the proceedings.
8. It is also relevant in this context to quote judgment in Crl.A.No.1740/2019 [Saju P.R. v. State of Kerala] wherein the Apex Court while considering an identical situation of a case involving Section 376 of IPC has held that on the basis of affidavit filed by the complainant and other materials on record, it would be proper to quash the criminal proceedings pending against the accused for doing complete justice to the parties concerned and accordingly, a Crl.M.C. which was dismissed by this Court on the ground that offence involved is one under Section 376 of IPC was ultimately allowed by the Apex Court.
9. A learned Single Judge of this Court in Denu P. Thampi v. Ms.X and Another [2019 (3) KHC 199] also had occasion to consider in a situation, where a case involving 376 of IPC, has been quashed in view of the subsequent settlement and Crl.M.C.No.4053 of 2020 5 marriage between the victim and the accused.
10. In the above backdrop, since the petitioner and the defacto complainant have already married and are living together as husband and wife, I am of the view that it would be just and proper for doing complete justice to the parties to quash the entire proceedings pending against the petitioner in this case.
In the result, this Crl.M.C. stands allowed and the further proceedings in S.C.No.614/2017 on the file of Fast Track Special Court, Haripad, which arose out of crime No.3284/2016 of Kayamkulam Police Station, Alappuzha against the petitioner is hereby quashed.
Sd/-
M.R.ANITHA
shg JUDGE
Crl.M.C.No.4053 of 2020
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APPENDIX OF CRL.MC 4053/2020
PETITIONER ANNEXURE
ANNEXURE A1 THE CERTIFIED COPY OF THE FINAL REPORT IN SC
NO.614/2017 ON THE FILES OF FAST TRACK SPECIAL COURT,HARIPAD ARISING OUT OF CRIME NO.3284 OF 2016 OF KAYAMKULAM POLICE STATION,ALAPPUZHA DIST. ANNEXURE A2 THE TRUE COPY OF THE CERTIFICATE OF MARRIAGE ISSUED BY DISTRICT MARRIAGE OFFICER ALAPPUZHA DATED 21/06/2017 ANNEXURE A3 THE TRUE COPY OF THE BIRTH CERTIFICATE OF ELDER CHILD NAMED SIYAN S.DATED 16/11/2018 ANNEXURE A4 THE TRUE COPY OF THE BIRTH CERTIFICATE OF YOUNGER SON NAMED SURFAN S.DATED 23/03/2020 ANNEXURE A5 THE TRUE COPY OF THE RATION CARD OF THE PETITIONER AND THIRD RESPONDENT ISSUED BY THE TALUK SUPPLY OFFICER,KARTHIPPALLY.
ANNEXUREA6 THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT STATING THE SETTLEMENT OF ALL THE DISPUTES WITH THE PETITIONER ANNEXURE A7 THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT STATING THE SETTLEMENT OF ALL THE DISPUTES WITH THE PETITIONER.