SREEJITH Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) This Crl.M.C is filed under Section 482 of the Cr.P.C to quash Annexure-B order, Annexure-A final report and all further proceedings in S.C. No. 639 of 2014 arising from Crime No. 1208 of 2013 of Munambam Police Station.

(2.) The facts as discernible from the statement given to the police by the de facto complainant is that in 2011 May, the accused had offered to marry the de facto complainant and they had physical relationship at his house. Subsequently, in the 9th month of 2012, the accused took her to one resort at Athirampilly and had physical relationship. This was repeated at another place in a Cherai resort. The complainant alleged that she was coerced to enter into physical relationship under a false promise to marry. It is also stated in the complaint that in the resort at Athirampilly, they had given a wrong address under the instructions of the accused, not to reveal the identity. On the basis of the complaint lodged by her, crime was registered and after recording the statement of 14 witnesses, a final report was laid on 23.10.2013. The allegation in the final charge is that to cheat the victim, to make an unlawful gain and further to sexually exploit the de facto complainant, accused had offered to marry her and had physical relationship with her. Subsequently, he had retracted from the promise. The allegation was that it was only a false promise to her and that he was not serious in the matrimonial relationship.

(3.) Alleging that the allegations made by the de facto complainant are false and that, the complaint lodged by her do not reveal any of the offence, much less an offence punishable under Section 376 IPC and that the continuance of proceedings will only amount to an abuse of process of Court, the accused had sought for quashing the proceedings. While the matter was pending before the committal court, the accused had filed an application seeking a direction to the investigating officer to conduct a DNA test of the accused, de facto complainant and her child. By Annexure-B order, the learned magistrate dismissed the application. This is also assailed in this Crl.M.C.