IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4463 of 2010()
1. RAMAN, AGED 39 YEARS,
... Petitioner
2. ANANDA, AGED 44 YEARS,
3. CHOMA, AGED 46 YEARS, S/O.KARIYA
Vs
1. STATE OF KERALA, REPRESENTED
... Respondent
2. K.USHA, D/O.CHUKRA,
For Petitioner :SRI.SOJAN MICHEAL
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :17/12/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.NO.4463 OF 2010
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Dated 17th December, 2010
O R D E R
Petitioners are accused 1 and 2 in
S.C.101/2004 on the file of Additional
Sessions Judge (Adhoc-III), Kasargod, taken
cognizance for the offences under Sections
376, 116,312, 448 and 506(ii) read with
Section 34 of Indian Penal Code. Prosecution
case is that four months earlier to 22/7/1999,
first petitioner went to house No.MP.IV/649 of
Kollam Harijan Colony where second respondent
was residing and committed rape on her. On
22/7/1999 first petitioner along with his
brothers, the second petitioner and deceased
third accused, criminally trespassed into her
house and abetted second respondent to undergo
abortion in a hospital and when she declined,
Crmc 4463/10
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she was threatened that she will be killed and
the accused thereby committed the offences.
Petition is filed under Section 482 of Code of
Criminal Procedure contending that entire
disputes with the second respondent were
settled amicably and first petitioner married
the second respondent and three children were
born in that wedlock and in such
circumstances, it is not in the interest of
justice to continue the prosecution.
2. Second respondent appeared through a
counsel and filed an affidavit stating that
subsequent to the registration of the case,
disputes with the accused were settled
amicably, due to intervention of mediators, and
first petitioner married her and they are
residing together and three children were born
in that wedlock and she has no grievance
Crmc 4463/10
3
against the petitioners and six witnesses have
already been examined and the case was
adjourned indefinitely for the examination of
her father and in view of the settlement, she
has no objection for quashing the proceedings.
3. Learned Public Prosecutor on
instructions submitted that first petitioner
married second respondent and they are living
together as husband and wife and subsequent to
the incident two children were born, who are
now aged 7 and 5 years.
4. Learned counsel appearing for the
petitioners, second respondent and learned
Public Prosecutor were heard.
5. Prosecution case is that first
petitioner committed rape on the second
respondent, four months earlier to 22/7/1999
and when she was pregnant, on 22/7/1999 first
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petitioner along with his brothers, the second
petitioner and third accused trespassed into
the house and induced her to undergo abortion
and when she refused they threatened her. The
very fact that second respondent did not raise
any objection for four months, in spite of the
fact that she became pregnant indicates that
sexual intercourse was with her consent.
Subsequent conduct strengthen that fact. More
over, first petitioner later married second
respondent and two children were born
thereafter. In such circumstances, it is not in
the interest of justice to continue the
prosecution, on the peculiar facts and
circumstances of the case. If so, it is not in
the interest of justice to continue the
prosecution. Though this cannot be treated as
a precedent, on the peculiar facts and
Crmc 4463/10
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circumstances of the case, in the interest of
justice the prosecution is to be quashed.
Petition is allowed. S.C.101/2004 on the
file of Additional Sessions Court (Adhoc-III),
Kasargod is quashed.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.
