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Biju Kumar vs State Of Kerala

High Court Of Kerala|16 December, 2014
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JUDGMENT / ORDER

~ ~ ~ ~ ~ ~ The accused in Crime No.2041 of 2014 of the Chavara Police Station, registered for the offences under Sections 354(c) IPC, 118(d) and 119(b) of the Kerala Police Act, has come up under Section 482 Cr.P.C. to get Annexure A1 FIR and all further proceedings in Crime No.2041/2014 of the Chavara Police Station, quashed. 2. The allegations against the petitioner is that he had enticed the de facto complainant girl on a promise of marriage and they were engaged in chatting over the mobile phone. It is alleged that he recorded everything and by intimidating her that the same would be propagated, he took the nude photographs of the de facto complainant. Subsequently, the petitioner had engaged in contacting other girls and when the de facto complainant came to know about it, she departed. When another marriage alliance came to the de facto complainant, the petitioner sent the nude photographs of the de facto complainant to the said proposed bridegroom, thereby the said alliance Crl.M.C. No.6679 of 2014 2 collapsed.
3. According to the petitioner, the matter has been amicably settled between him and the de facto complainant and presently, he has married the de facto complainant on 7/12/2014. They are residing as husband and wife. Therefore, the de facto complainant does not want to proceed with the crime.
4. The de facto complainant has also filed an affidavit affirming that the marriage was fixed and scheduled to be held on 7/12/2014. The copy of the invitation letter has also been produced. The de facto complainant has entered appearance through her counsel. The learned counsel for the de facto complainant also endorses the fact that the affidavit has been sworn in by the de facto complainant and the matter has been settled and the marriage has been held.
6. The copy of the marriage certificate has also been produced, which shows that the marriage was held on 7/12/2014. When the matter has been amicably settled and the de facto complainant has been married by the petitioner, and especially when the de facto complainant has no complaints against the petitioner, I am of the view that it is just and expedient in the Crl.M.C. No.6679 of 2014 3 interest of justice to quash Annexure A1 FIR and all further proceedings on it.
In the result, this Crl.M.C is allowed and Annexure-A1 FIR in Crime No.2041/2014 of the Chavara Police Station and all further proceedings in it are hereby quashed.
Sd/-
(B.KEMAL PASHA, JUDGE) stu //True copy// P.A to Judge
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Title

Biju Kumar vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
16 December, 2014
Judges
  • B Kemal Pasha
Advocates
  • Sri