Jyothi vs State Of Kerala

A. Badharudeen, J

This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure to quash all further proceedings in Crime No.549/2016 of Vizhinjam Police Station, Thiruvananthapuram, now pending as C.P. on the files of the Judicial First Class Magistrate Court, Neyyattinkara and the petitioner is the 2nd accused.

Heard the  learned counsel  for the  petitioner/2nd accused and the learned Public Prosecutor. I have perused the relevant records.

In this case, the prosecution alleges commission of offences punishable under Sections 420, 376 and 306 r/w Section 34 of the IPC. The prosecution allegation in a nutshell is that, the 1st accused made acquaintance with the victim with promise of marriage and subjected her to sexual intercourse under such misrepresentation. The specific case of prosecution is that, she was subjected to rape on 22.1.2013 and subsequently also, she was subjected to rape on several occasions. Later, the 1st accused retracted from the marriage. Since the 1st accused retracted from the marriage, the 2nd accused, who is none other than the mother of the 1st accused, who did know the relationship, was approached by the victim to intervene the matter and to conduct the marriage, as promised. But, the 2nd accused also did not interfere and accordingly, the prosecution alleges that accused Nos.1 and 2 instigated commission of suicide by the victim, since the 1st accused retracted from marriage as abetted by the 2nd accused.

While canvassing quashment of the proceedings as against the 2nd accused/petitioner, the learned counsel for the petitioner would submit that no serious allegations raised so as to bring home the offences alleged by the prosecution as against the 2nd accused/petitioner. He read out the relevant portion of the suicide note placed as Annexure B along with this petition.

The learned Public Prosecutor strongly opposed the prayer for quashment and read out the relevant portion with reference to the last paragraph of Annexure B suicide note, where it is stated that the 1st accused maintained relationship with the victim on promise of marriage with the knowledge and concurrence of the 2nd accused. When the 1st accused retracted from the marriage, on 6.3.2016, the victim reached the residence of the 2nd accused and so mercifully pleaded her to conduct the marriage. Then, the mother sent out the victim from the house and scolded her. The mother also did not give the number of the 1st accused and the attempt made by the victim to search out the 1st accused to persist her marriage, went in vain and in consequence thereof, the victim committed suicide, after elaborating everything as per Annexure B suicide note, containing 7 pages.

Thus, the materials to see commission of offences alleged by the prosecution, at the instance of the petitioner/2nd accused along with the 1st accused, also is foreseeable prima facie. In such a case, quashment, as sought for, is not liable to be granted, since the matter would require trial.

Therefore, this petition is found to be meritless and the same is dismissed.

Registry is directed to forward a copy of this order to the Committing Court and the Sessions Court concerned, for information and further steps.