MADHU CHACKO Vs. DEEPA AND STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the accused and first respondent, the de facto complainant in C.C.360/2010 on the file of Judicial First Class Magistrate's Court, Muvattupuzha, taken cognizance for the offences under Sections 493, 496, 417 and 420 of Indian Penal Code on Annexure-A final report. Prosecution case is that petitioner and first respondent were students of M.A.College, Kothamangalam. While so, they were in love. Petitioner promised first respondent that he will marry her. Inducing her to be believe that he will marry her from the year 1998 onwards petitioner had taken her to various places and had sexual intercourse with her. Petitioner induced first respondent to believe that he will marry her as per the provisions of Special Marriage Act.

(2.) First respondent appeared through a counsel and filed an affidavit stating that though offences under Sections 417 and 420 of Indian Penal Code are compoundable and though offences under Sections 493 and 496 of Indian Penal Code are not compoundable, the disputes were settled. It was sworn to by the first respondent that they were college mates and friends and due to certain misunderstandings, the case arose and now at the intervention of mediators and well wishers and relatives of both parties, all the disputes were amicably settled and in such circumstances, she has no objection for quashing the proceedings.

(3.) Learned Senior counsel appearing for the petitioner, first respondent and learned Public Prosecutor were heard.