Application filed under Section 482 of the Code of Criminal Procedure.
2. The petitioner, who is the accused in Crime No.11 of 2014 of the Kunnamkulam Police Station, pending investigation for the offence punishable under Section 376 of the Indian Penal code and Section 4 and 8 of the POSCO Act, has come up under Section 482 of the Code of Criminal Procedure with a prayer to get Annexure-A1 F.I.R and all further proceedings based on it in Crime No. 11 of 2014 of the Kunnamkulam Police Station, quashed.
3. It is a case wherein the defacto complainant, who was then a girl aged 17 years had eloped with the petitioner on 16.09.2013. He took her on a promise of marriage and had sexual intercourse with her, thereby it is alleged that he has committed the offences under Section 376 of the Indian Penal code and Section 4 and 8 of the POSCO Act.
4. According to the petitioner, presently the petitioner and the de facto complainant are husband and wife and their
Crl.M.C.No.6446 of 2014
2 marriage was held and they are leading a happy married life. The petitioner had earlier approached this Court through Crl.M.C.No.932 of 2014 seeking the very same relief. The same was disposed of by this court vide order dated 29.01.2014 by holding that the investigation proceedings should be kept in abeyance till the end of September, 2014 for enabling the conduct of the marriage of the petitioner and the de facto complainant. Accordingly, the marriage was conducted and presently the petitioner and the de facto complainant are husband and wife. As per the order of this court in Crl.M.C.No.932 of 2014, the investigation stood stayed till 30.09.2014.
5. Heard the counsel for the petitioner, learned counsel de facto complainant and learned Public Prosecutor.
6. The investigating officer has also reported that on 23.10.2014 the petitioner has married the de facto complainant who is the second respondent herein at the Sree Maheswara Temple, Koorkkanchery, Thrissur and presently they are residing as husband and wife. The copy of the marriage certificate has also been produced.
7. Considering all the above, I am satisfied that this is a fit case wherein Annexure-A1 F.I.R in Crime No.11 of 2014 of
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3 the Kunnamkulam Police Station and all further proceeding based on it can be quashed.
In the result, this Crl.M.C. is allowed and Annexure-A1 F.I.R in Crime No.11 of 2014 of the Kunnamkulam Police Station and all further proceeding based on it are quashed.
Sd/-
B.KEMAL PASHA, JUDGE.
AS /True copy/ P.A. to Judge