VINOY T. A Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a proceedings instituted under Section 482 of the Code of Criminal Procedure seeking orders quashing the final report in Crime No.833 of 2017 of Hosdurg Police Station and all further proceedings thereto now pending trial as S.C.No.437 of 2017 on the files of the Additional District and Sessions Court-I, Kasaragod.

(2.) The petitioner is the sole accused in the crime which is registered for the offences punishable under Section 376 of the Indian Penal Code and Sections 5(l) and 5(n) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012. The victim involved in the case is a girl aged 16 years. The accused is the husband of the younger sister of the mother of the victim. The accusation in the case is that on 08.08.2016, and on several days thereafter, the accused has raped and committed penetrative sexual assault on the victim. The final report in the case is sought to be quashed on the ground that the grievance of the victim has been redressed, and she does not intend any more to pursue this matter. An affidavit to that effect by the victim is also part of the records.

(3.) Heard the learned counsel for the petitioner, the learned Public Prosecutor as also the learned counsel for the victim.