Application filed under Section 482 of the Code of Criminal Procedure.
2. The petitioner is the accused in Crime No.385 of 2014 of the Fort Kochi Police Station, registered for the offence punishable under Section 354 of the Indian Penal code.
3. The allegation against the petitioner is that he fell in love with the de facto complainant who is the second respondent herein and on a promise of marriage he took her to several places and on such occasions they had hugged each other and kissed. Apart from that, there is no allegation that he had forced her to consent for sexual intercourse or they had sexual intercourse. Presently the petitioner has come up under Section 482 of the Code of Criminal Procedure for getting Annexure-B final report in Crime No.385 of 2014 of the Fort Kochi Police Station and all further proceedings based on it, quashed.
4. Heard the counsel for the petitioner, learned counsel
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2 de facto complainant and learned Public Prosecutor.
5. According to the petitioner, the matter has been amicably settled between him and the de facto complainant and that the de facto complainant does not want to proceed with the case. According to the petitioner, as the matter has been amicably settled between the parties, the proceedings are only to be quashed. It is also pointed out that even otherwise, an offence under Section 354 of the Indian Penal Code will not lie in the matter.
6. The de facto complainant who is the second respondent herein has filed an affidavit affirming that the matter has been amicably settled between them and she has no complaints against the petitioner. She has also prayed for getting the proceedings quashed.
7. Second respondent has entered appearance through her counsel. Learned counsel for the second respondent also endorses the fact that the affidavit has been sworn in by the 2nd respondent herself on her own volition.
8. Even otherwise, it seems that an offence under Section 354 of the Indian Penal Code will not lie in the matter, as it cannot be said that the modesty of the second respondent has outraged intentionally by the petitioner. All such sexual
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3 overtures were allegedly done with consent. There is no sexual intercourse based on consent procured through the promise.
9. Matters being so, I am of the view that this is a fit case wherein Annexure-B final report in Crime No.385 of 2014 of the Fort Kochi Police Station and all further proceeding based on it can be quashed.
In the result, this Crl.M.C. is allowed and Annexure-B final report in Crime No.385 of 2014 of the Fort Kochi Police Station and all further proceedings based on it are quashed.
Sd/-
B.KEMAL PASHA, JUDGE.
AS /True copy/ P.A. to Judge