~ ~ ~ ~ ~ ~ Petitioner is the accused in Crime No.571/2014 of Peringome Police Station, which is presently pending investigation for the offences punishable under Section 376 IPC and Section 3(1)(xi) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 2. The allegation against the petitioner is that on a false promise of marriage, he has committed rape on the de facto complainant woman, who was working with him, at 5.30 p.m., on one day during the month of June 2011 in a shed. Later, he retracted from his promise to marry her. It seems that the de facto complainant had preferred a private complaint before the Judicial First Class Magistrate's Court, Payyannur which was referred to the police under Section 156(3) Cr.P.C. and consequently, the crime was registered.
Crl.M.C.4955/2014 : 2 :
It seems that the statement of the de facto complainant under Section 164 Cr.P.C. was also recorded by the learned Magistrate.
3. According to the petitioner, the matter has been amicably settled between him and the de facto complainant and, therefore, the present request is to get Annexure-1(a) FIR and all further proceedings based on it, quashed. It seems that he could procure a condonation from the unwilling victim.
4. This is a matter which cannot be permitted to be compounded or settled. When the law has been set in motion and especially the statement of the victim under Section 164 Cr.P.C. has been recorded, which also speaks volumes against the petitioner, the parties cannot be permitted to compound such serious offences. The parties are not expected to enter an out of court settlement in such matters and come before this Court with a request to quash the proceedings. According to the investigating officer, the Crl.M.C.4955/2014 : 3 :
investigation is almost in the final stage and the caste certificate of the de facto complainant alone has to be obtained. It has been reported that the de facto complainant belongs to Mavalan community, which is a Scheduled Tribe. Matters being so, the present Crl.M.C. is devoid of merits and is only to be dismissed, and I do so.
In the result, this Crl.M.C. is dismissed.
Sd/-
(B.KEMAL PASHA, JUDGE) aks/20/11 // True Copy // PA to Judge