The accused in Crime No.632 of 2013 of the Payyoli Police Station, who is the accused in S.C.No.804 of 2014 of the Ist Additional Sessions Court, Kozhikode, has come up under Section 482 Cr.P.C., for getting the Final Report in Crime No.632 of 2013 and all further proceedings based on it in S.C.No.804 of 2014 of the court below, quashed. 2. The prosecution case is that on a promise of marriage, the petitioner had continued sexual relationship with the 2nd respondent herein, who is the defacto complainant. It is alleged that but for the assurance of marriage, the defacto complainant would not have consented for sexual intercourse with the petitioner. It is also alleged that the petitioner had retracted from the promise subsequently and did not care to marry the defacto complainant.
3. The crime was registered on the basis of a private complaint filed by the defacto complainant before the Judicial First Class Magistrate's Court, Payyoli, which was referred to the Police under Section 156(3) of the Cr.P.C. According to the petitioner, the matter has been amicably settled between the petitioner and the defacto complainant with the intervention of the relatives on either side and the petitioner married the defacto complainant on 28.04.2014. Thereafter, they have been residing together as husband and wife and are leading a peaceful married life. The copy of the marriage certificate has been produced for perusal of this Court. According to the petitioner, when the marriage has taken place, the case forwarded by the defacto complainant is not maintainable.
4. The defacto complainant, who is the 2nd respondent herein, has filed an affidavit affirming that the petitioner has married her on 28.04.2014 and they have been living together at the house of the petitioner and leading a peaceful married life. She had entered appearance through her counsel. The learned counsel for the defacto complainant also submits that the affidavit has been sworn in by the defacto complainant on her volition and the matter has been amicably settled and the petitioner and the defacto complainant are living together as husband and wife.
5. The investigating officer has filed a report stating that the petitioner has married the defacto complainant and they are living together as husband and wife. On hearing all the parties and on going through the records, it has come out that the case forwarded by the defacto complainant has no legs to stand at present, as the petitioner has married her as promised. In such case, it is just and proper in the interest of justice to quash the Final Report in Crime No.632 of 2013 of the Payyoli Police Station and all further proceedings based on it in S.C.No.804 of 2014 of the Ist Additional Sessions Court, Kozhikode.
In the result, this Crl.M.C. is allowed and the Final Report as against the petitioner in Crime No.632 of 2013 of the Payyoli Police Station and all further proceedings based on it in S.C.No.804 of 2014 of the Ist Additional Sessions Court, Kozhikode are hereby quashed.
DSV/12/12 // True Copy // Sd/-
B. KEMAL PASHA JUDGE P.A. To Judge