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Judgment
8 paragraphs · 331 wordsA. Badharudeen, J
This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, to quash Annexure A2 Final Report and all further proceedings in C.P.No.58/2023 on the files of the Judicial First Class Magistrate Court, Peermade, arose out of Crime No.940/2023 of Kumaly Police Station, Idukki.
Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have perused the relevant records.
In this matter, the prosecution alleges commission of offence punishable under Section 376(2)(n) of the IPC, by the accused. The specific allegation is that, the accused herein induced the de facto complainant on the promise of marriage and accordingly, she was subjected to sexual intercourse on multiple dates on 10.8.2022 and 13.8.2023.
It is argued by the learned counsel for the petitioner that the allegations are false. According to him, there was a cordial relationship in between the de facto complainant and the accused and sexual intercourse, if any, is the outcome of consent. Accordingly, the learned counsel for the petitioner argued to substantiate that no materials to find commission of offence under Section 376 (2)(n) of the IPC, by the accused and in such a case, the final report and further proceedings are liable to be quashed.
The learned Public Prosecutor zealously opposed quashment and referred the statements of the victim and the witnesses. According to him, in this case, the parties are unmarried persons and according to the de facto complainant, she was subjected to sexual intercourse on the promise of marriage and thereafter, the accused deviated therefrom. The statements of the witnesses, including that of the victim would support the said contention.
In such a case, where the prosecution allegations are made out, prima facie, quashment, as prayed for, cannot be considered. In view of the matter, this petition fails and is accordingly dismissed.
Registry is directed to forward a copy of this order to the trial court, for information and further steps.