RAVI O K Vs. STATE OF KERALA

JUDGEMENT

(1.) The prayer in the above Crl.Miscellaneous case filed under Sec.482 of the Code of Criminal Procedure is as follows :

(2.) Heard Sri.M.B.Sandeep, learned counsel appearing for the petitioner (accused), Sri.B.Jayasurya, learned Public Prosecutor appearing for the 1st respondent-State of Kerala and Sri.K.Nandakumar, learned counsel appearing for the 2nd respondent (lady de facto complainant). The petitioner has been arrayed as the sole accused in the impugned AnnexureA3 First Information Report (FIR) in Crime No.2765/208 of Muvattupuzha Police Station, Ernakulam District, for the offences punishable under Secs.406 & 420 of the Indian Penal Code (IPC) on the basis of the First Information Statement (FIS) furnished by the 2nd respondent-lady de facto complainant on 29.09.2018. Later, in the abovesaid investigation, the police has added offences as per Sec.376 of the IPC and Sec.3(2)(v) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act 1989.

(3.) The gist of the allegations of the 2nd respondent-lady de facto complainant aged 41 years in the abovesaid impugned criminal proceedings is to the effect that she had earlier married to a person and in which wedlock, a daughter was born and that later, she secured divorce about 22 years back and in December, 2007 and that she was employed as a class-IV employee in a Scheduled Bank. She had developed intimacy and friendship with the petitioner/accused now aged 52 years and in the said love affair they had lived as husband and wife in a living in relationship for the past ten years and that the petitioner is a married man having two children and that he used to frequently promise to the 2nd respondent that he would marry her after securing divorce from his present wife and that he had taken money from the 2nd respondent on various occasions totalling to about Rs.4.5 lakhs and that of late, the petitioner has developed cold feet and has been staying away from her, etc. Initially, the Annexure-A3 crime has been registered only for offences punishable under Sec.406 & 420 of the I.P.C and further that, the 2nd respondent belongs to Scheduled Caste community. Later, the police had added the offences as per Sec.376 of the IPC (rape) and Sec.3(2)(v) of the SC/ST (Prevention of Atrocities) Act.