Kerala High Court
Jobin Joseph vs The State Of Kerala on 6 February, 2020
Author: P.B.Suresh Kumar
Bench: P.B.Suresh Kumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
THURSDAY, THE 06TH DAY OF FEBRUARY 2020 / 17TH MAGHA, 1947
Crl.MC.No.53 OF 2020(F)
SC NO.247/2017 OF ADDITIONAL SESSIONS COURT-I, (SPECIAL
COURT), PATHANAMTHITTA
CRIME NO.3343/2016 OF ADOOR POLICE STATION, PATHANAMTHITTA
PETITIONER/SOLE ACCUSED:
JOBIN JOSEPH,
AGED 29 YEARS, S/O.JOSEPH,
JOBIN BHAVAN, KOTTARA MUKKU,
THUVAYOOR NORTH MURI, ERATHU VILLAGE,
ADOOR TALUK, PATHANAMTHITTA DISTRICT-691551.
BY ADVS.
SRI.MANU RAMACHANDRAN
SRI.M.KIRANLAL
SRI.T.S.SARATH
SRI.R.RAJESH (VARKALA)
RESPONDENTS/STATE, DE FACTO COMPLAINANT & VICTIM:
1 THE STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM-682031.
2 THE INSPECTOR OF POLICE,
ADOOR POLICE STATION,
PATHANAMTHITTA DISTRICT-691523.
3 LINU VARGHESE,
AGED 24 YEARS, S/O.VARGHESE, MAINAPALLIL
VADAKKETHIL VEEDU, CHATHANOORPUZHA,
CHOORAKKODE MURI, ERATHU VILLAGE, ADOOR TALUK,
PATHANAMTHITTA DISTRICT-691551.
Crl.MC.No. 53 of 2020 2
4 JINCY VARGHESE,
AGED 19 YEARS, W/O.JOBIN JOSE, NOW RESIDING AT
JOBIN BHAVAN, KOTTARA MUKKU, THUVAYOOR NORTH
MURI, ERATHU VILLAGE, FROM MAINAPALLIL
VADAKKETHIL VEEDU, CHATHANOORPUZHA,
CHOORAKKODE MURI, ERATHU VILLAGE, ADOOR,
PATHANAMTHITTA DISTRICT-691551.
ADV. ANSU VARGHESE
SRI.AMJAD ALI SR. PP
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
06.02.2020, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.MC.No. 53 of 2020 3
P.B.SURESH KUMAR, J.
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Crl.M.C. No.53 of 2020
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Dated this the 6th day of February, 2020
ORDER
This is a proceedings instituted under Section 482 of the Code of Criminal Procedure for quashing the Final Report in Crime No.3343 of 2016 of Adoor Police Station, now pending trial in SC No.247 of 2017 on the files of the Additional Sessions Court - I, (Special Court), Pathanamthitta.
2. The petitioner is the sole accused in the case instituted upon the police report under Sections 3(a) read with Section 4 and 5(j)(ii) read with Section 6 of the Protection of Children from Sexual Offences Act. The de facto complainant in the case is the brother of the victim girl aged 17 years. The accusation in the case, in essence, is that the accused has committed penetrative sexual assault on the victim girl on Crl.MC.No. 53 of 2020 4 various dates between March 2016 to June 2016; that the victim girl went along with the accused on 21.11.2016 and they stayed together thereafter till 23.11.2016.
3. Heard the learned counsel for the petitioner, the learned counsel for the de facto complainant, the victim who is now aged 19 years as also the learned Public Prosecutor.
4. When the case was taken up, the learned counsel for the petitioner submitted that the petitioner was maintaining a love affair with the victim girl and the case was a false one instituted at the instance of the brother of the victim girl. It was also pointed out that after the registration of the crime, the families of the parties settled the disputes and the petitioner has married the victim girl on 11.08.2017. The learned counsel for the de facto complainant and the victim girl as also the learned Public Prosecutor affirmed the plea of settlement and submitted that the victim girl is now residing with the accused. An affidavit is also seen filed by the victim girl to that effect in this matter.
5. It is trite that heinous and serious offences like Crl.MC.No. 53 of 2020 5 rape cannot be closed based on the settlement arrived at between the parties. At the same time, in Ashiq N.A. V. State of Kerala and Another (2019 (3) KHC 146) this court took the view that in a case of this nature where the victim girl married the accused and resides with him happily, continuance of criminal proceedings would affect the family life of the victim detrimentally and it is, therefore, only just and proper to quash the proceedings.
In the light of Ashiq N.A., the Crl.M.C. is allowed and the Final Report in Crime No.3343 of 2016 of Adoor Police Station, now pending trial in SC No.247 of 2017 on the files of the Additional Sessions Court - I, (Special Court), Pathanamthitta are quashed.
Sd/-
P.B.SURESH KUMAR, JUDGE.
YKB Crl.MC.No. 53 of 2020 6 APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE A1 THE TRUE COPY OF THE FINAL REPORT IN CRIME NO 3343/2016 OF ADOOR POLICE STATION, PATHANAMTHITTA DISTRICT WHICH IS NOW PENDING AS S.C. NO 247/2017 ON THE FILES OF ADDL. SESSIONS COURT-1, (SPECIAL COURT), PATHANAMTHITTA.
ANNEXURE A2 THE TRUE COPY OF THE MARRIAGE CERTIFICATE NO 39/2017 DATED 11.8.2017 ISSUED BY THE MARRIAGE OFFICER, ADOOR.
ANNEXURE A3 THE TRUE COPY OF THE BIRTH CERTIFICATE OF THE 4TH RESPONDENT/CW2 ANNEXURE A4 THE ORIGINAL OF THE AFFIDAVIT DATED 23.12.2019 SWORN BY THE 3RD RESPONDENT/DE-FACTO COMPLAINANT ANNEXURE A5 THE ORIGINAL OF THE AFFIDAVIT DATED 23.12.2019 SWORN BY THE 4TH RESPONDENT/CW2 RESPONDENT'S/S EXHIBITS:
NIL //TRUE COPY// PA TO JUDGE