RAHUL P.R. Vs. STATE OF KERALA

JUDGEMENT

(1.) DATED THIS THE 26TH DAY OF AUGUST, 2021 The petitioners, who are the accused in Crime No. 734 of 2017 of Kodungallur Police Station, Thrissur District registered for the offences punishable under Sections 366A, 376 and 34 of Indian Penal Code and Section 4 read with Section 3, Section 6 read with Section 5 and Section 17 read with Section 16 of the Protection of Children from Sexual Offences Act, 2002, have filed this application under Section 482 of the Code of Criminal Procedure to quash the FIR, the final report submitted by the Investigating Officer and its further proceedings now pending as S.C. No. 836 of 2020 before the 1st Additional District and Sessions Court, Thrissur.

(2.) Briefly stated the facts as emerge from the records are that on 23.03.2017 at 12.30 p.m. the petitioners/accused have procured the victim, who is aged only 17 years, from her lawful custody and took her forcibly to the rental house of the 2nd accused and the 1st accused committed rape on her. The 2nd accused, who is a child in conflict with law also abetted the 1st accused to commit rape on her after procuring her with the 1st accused and thereby they have committed the aforesaid offences.

(3.) The learned counsel has contended that they have not committed any offence as alleged by the prosecution and now the entire matter has been settled between the parties and the victim does not intend to proceed with the case against the petitioners. An affidavit has also been sworn to by her, stating that the 1st petitioner has married her under the Special Marriage Act on 08.12.2020 and now they are living together as husband and wife. Hence, this petition to quash Annexure A1 FIR, Annexure A2 final report and all further proceedings initiated in S.C. No.836 of 2017 now pending before the 1st Additional District and Sessions Court, Thrissur.