ANILKUMAR Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) The prayers in the aforecaptioned Criminal Miscellaneous case filed under Sec.482 of the Cr.P.C are as follows:

(2.) Heard Sri.K.V.Anil Kumar, learned counsel appearing for the petitioner/accused, Sri.Saigi Jacob Palatty, learned Public Prosecutor appearing for the 1st respondent and Sri.M.K.Mohanan, learned counsel appearing for contesting respondent No.3 (lady de facto complainant).

(3.) The petitioner has been arrayed as the sole accused in the instant Crime No.2002/2018 of Kadakkal Police Station, Kollam, which has been registered for offences punishable under Sec.376 of the Indian Penal Code on 14.11.2018 on the basis of the First Information Statement given by the 3rd respondent-lady de facto complainant on that day in respect of the alleged incidents, which were said to have happened about six years prior to 16.04.2018. The police after investigation has filed the impugned Annexure-A final report/charge sheet in the abovesaid crime No.2002/2018 of Kadakkal Police Station and the case has been committed to the sessions court concerned and thereafter, the case is now pending as sessions case S.C.No.1324/2019 on the file of the Assistant Sessions Court, Kottarakkara. 3. The petitioner seeks quashment of the impugned criminal proceedings. Now it is submitted by the petitioner that the entire disputes between the petitioner and the 3rd respondent have been resolved and that the 3rd respondent has filed Annexure-B affidavit dated 20.12.2019 stating that she does not wish to continue with the impugned proceedings and that the petitioner has agreed to give maintenance to her and to the child, etc. Further, the learned counsel for the petitioner would point out that even if, the allegations raised in the impugned criminal proceedings by the 3 rd respondent are assumed to be broadly correct, then it can be seen that the said sexual incidents if any, would have occurred only on the basis of consent between the parties and not otherwise.