XXXX Vs. XXXX

JUDGEMENT

(1.) This Criminal Miscellaneous Case has been filed under Sec. 482 of the Code of Criminal Procedure, 1973, to quash Annexure A1 FIR and Annexure A2 Charge Sheet in crime No.537/2018 of Kelakom police station, now pending as S.C.No.39/2020 on the files of the Additional Sessions Court, Thalassery. The petitioner herein is the sole accused in the above case.

(2.) Heard the learned counsel for the petitioner/accused and the learned Public Prosecutor in detail and perused the records placed by the learned counsel for the petitioner. Even though notice served upon the de facto complainant, she did not appear.

(3.) Here, the prosecution case, as could be read out from the First Information Report in Crime No.537/2018 of Kelakom Police Station, is that, while the husband of the de facto complainant went for a tour along with the business people in Kolakkad during 2017, the accused, who is the elder brother of the husband of the de facto complainant, criminally trespassed upon the residence of the de facto complainant, caught hold on her breast and also put his finger on her vagina. Thereafter, she was threatened from disclosing the same. On this premise, crime was registered, alleging commission of offences punishable under Ss. 450, 506, 376(2)(f), 376(2)(l) and 376(2)(n) of the Indian Penal Code (hereinafter referred to as 'IPC' for short) and after investigation, final report filed alleging commission of offences punishable under Ss. 450, 506(i), 376(2)(f) and 376(2)(l) of IPC.