JYOTHI Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Miscellaneous Case has been filed under Sec. 482 of the Code of Criminal Procedure to quash all further proceedings in Crime No.549/2016 of Vizhinjam Police Station, Thiruvananthapuram, now pending as C.P. on the files of the Judicial First Class Magistrate Court, Neyyattinkara and the petitioner is the 2nd accused.

(2.) Heard the learned counsel for the petitioner/2nd accused and the learned Public Prosecutor. I have perused the relevant records.

(3.) In this case, the prosecution alleges commission of offences punishable under Ss. 420, 376 and 306 r/w Sec. 34 of the IPC. The prosecution allegation in a nutshell is that, the 1st accused made acquaintance with the victim with promise of marriage and subjected her to sexual intercourse under such misrepresentation. The specific case of prosecution is that, she was subjected to rape on 22/1/2013 and subsequently also, she was subjected to rape on several occasions. Later, the 1st accused retracted from the marriage. Since the 1st accused retracted from the marriage, the 2nd accused, who is none other than the mother of the 1st accused, who did know the relationship, was approached by the victim to intervene the matter and to conduct the marriage, as promised. But, the 2nd accused also did not interfere and accordingly, the prosecution alleges that accused Nos.1 and 2 instigated commission of suicide by the victim, since the 1st accused retracted from marriage as abetted by the 2nd accused.