SUJITHKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a proceedings under Section 482 of the Code of Criminal Procedure (the Code) seeking orders quashing Annexure-C final report and all further proceedings in Crime No.906 of 2019 of Kadavanthra Police Station. The said crime was one registered on a reference from Maradu Police Station where the crime was initially registered as Crime No.967 of 2019. The crime aforesaid was registered at the instance of the first respondent. The petitioner is the sole accused in the said case.

(2.) After investigation, Annexure-C final report has been filed in Crime No.906 of 2019. The essence of the allegations in Annexure-C final report against the petitioner is that with the intention of having sexual intercourse with the first respondent, the accused pretended love towards her and had sex with her on various occasions at different places from the year 2014 and thereby committed the offences punishable under Sections 323 , 376(2)(n) and 506 of the Indian Penal Code (the IPC ). The case set out by the petitioner in the Crl.M.C. is that the allegations in Annexure-C final report do not reveal any of the offences alleged against him. According to the petitioner, Annexure-C final report is therefore, an abuse of the process of the court and liable to be set aside, exercising the power of this court under Section 482 of the Code.

(3.) When this matter was taken up, the learned counsel for the petitioner submitted that the petitioner was having a long term intimate relationship with the first respondent and the case happened to be registered on account of a misunderstanding. It was also submitted by the learned counsel that the misunderstanding between the petitioner and the first respondent has been sorted out and the first respondent no longer requires the case to be proceeded with.