SUJESH V. Vs. STATE OF KERALA AND OTHERS

JUDGEMENT

(1.) The petitioner herein stands arrayed as the sole accused in Crime No.351 of 2017 of Bekal Police Station for offences punishable under sections 370(4), 376 of the Indian Penal Code and sections 3(1) w(1) and 3(2) (v-a) of the SC and ST (Prevention of Atrocities) Act.

(2.) It was alleged by the defacto complainant, who is the second respondent herein that the petitioner herein offered to marry the defacto complainant. They moved together for some time. On the basis of the promise given to marry her, they had physical relationship. Later, the petitioner herein allegedly retracted from the promise to marry. Accordingly, she laid a complaint, alleging commission of the above offences and on a premise that the petitioner herein never intended to marry her and on the basis of the false promise to marry procured the consent for sexual relationship. It was hence alleged that he thereby committed the offence punishable under section 376 of the Indian Penal Code. Pursuant to the complaint, crime was registered and final report was filed. The matter is now pending as SC.No.481 of 2017 on the files of the District and Sessions Court, Kasaragod.

(3.) The Crl.M.C is laid by the petitioner contending that he was deeply in love with the defacto complainant and that some misunderstanding arose between the parties, which culminated in the registration of crime. It was stated that the disputes were settled and he married her evidenced by Annexure-AIII. The allegation that he had given a false promise to marry, that he retracted from the promise and that the petitioner is guilty of offences punishable under section 376 of the IPC and also the provisions of the SC and ST (Prevention of Atrocities) Act are not sustainable. The petitioner herein sought for quashing the proceedings. It is also stated that an affidavit has been affirmed by the second respondent, affirming the settlement of the disputes.