Application filed under Section 482 of the Code of Criminal Procedure.
2. The petitioner is the first accused in Crime No.1438 of 2013 of the Chengannur Police Station, registered for the offences punishable under Sections 376, 506(i) and 294(b) r/w Section 34 of the Indian Penal code. The petitioner has come up under Section 482 of the Code of Criminal Procedure for getting Annexure-II F.I.R in the crime and all further proceedings based on it, quashed.
3. The allegation against the petitioner is that by offering a promise of marriage, he enticed the de facto complainant who is the second respondent herein and when he insisted her, by believing that he would marry her, she consented to have sexual intercourse. She was taken to different places and he had sexual intercourses with her by repeating the promise and by assuring that he would marry her. It is alleged that thereafter, he had retracted from the said Crl.M.C.No.2425 of 2014 2 promise.
4. Heard the counsel for the petitioner and learned Public Prosecutor.
5. It seems that there are serious allegations against the petitioner. Whether it is right or not, it is a matter to be decided in the investigation. Considering the seriousness of the allegations against the petitioner, I am of the view that this is not a fit case wherein Annexure-II F.I.R and further proceedings based on it can be quashed.
In the result, this Crl.M.C. stands dismissed. It is made clear that this order of dismissal of this Crl.M.C. shall not in any way adversely affect the prospects or otherwise of the contentions of the petitioner.
Sd/-
B.KEMAL PASHA, JUDGE.
AS /True copy/ P.A. to Judge