JOSEPH OLAKKENGIL Vs. STATE OF KERALA

JUDGEMENT

(1.) By filing this petition under Sec. 482 of the Code of Criminal Procedure, the petitioner who is the accused in Crime No.760 of 2021 of Pavaratty police station registered for the offences punishable under Ss. 376(2)(n) and 506 of the Indian Penal Code has sought for, to quash the crime registered against him.

(2.) The brief facts which led to the filing of this petition are as under: The defacto complainant is a trainee Cardiothoracic surgeon in a hospital at London, U.K. While pursuing her career she got acquainted with the petitioner through a common friend and they became good friends. The friendship continued for about 7 months and while so, he proposed her with his desire to marry her. His proposal was accepted and as he promised to marry her they started to live together. He had sexual relationship with her against her wish and later she became pregnant. When she informed the same, he started to avoid her stating that his family is not willing for the marriage. In fact, he had made false promise to exploit her sexually. He had cheated her under the pretext of marriage and his intention was to avoid her. Under his compulsion she had even aborted her pregnancy. Though she requested him to marry her, he was not willing for the same and to avoid her from his life, he ill treated her both mentally and physically. The physical relationship started under false pretenses, violating her dignity and privacy and thus he committed the aforementioned offences. Pursuant to her complaint the case was registered against him .

(3.) Heard Sri.Vijayabanu, the learned Senior counsel for the petitioner as well Sri.Manu, the learned Senior Public Prosecutor. Perused the records.