FRANCIS S Vs. STATE OF KERALA AND ORS

JUDGEMENT

(1.) This is a petition filed under Section 482 of the Code of Criminal Procedure seeking to have all further proceedings in C.P.32 of 2013 pending before the JFCM-I, Kottarakkara, cognizance of which was taken in pursuance to Annexure H final report and Annexure A FIR quashed.

(2.) Petitioner is the accused in Crime No. 1402 of 2012 of Kottarakkara Police Station, who is alleged to have committed offences punishable under Section 376 of Indian Penal Code.

(3.) The petitioner and the second respondent, who is the complainant, have been in love for three years. The petitioner is alleged to have promised the victim that he would marry her and on 31.7.2012 while they were engaged in a casual talk, the petitioner made his move and inspite of the resistance offered by the victim, i.e., the second respondent, she was overpowered and ravished. The allegation is that thereafter the second respondent informed her family members and there was a move from the side of her family for marriage. In fact the allegation is that one Anoop, a cousin of the victim, had occasion to peep through the window and found the victim and the petitioner in a compromising position and he had raised hue and cry and insisted that the petitioner should marry the second respondent. According to the petitioner, he left the place before the situation became worse and the complaint seems to have been laid on the same day.