SUDHEESH @ KUTTAPPI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein stands arrayed as the sole accused in S.C.No.82/2014 on the files of the First Additional Sessions Court, Palakkad, arising from crime No.490/2012 of Nattukal Police Station for offence punishable under section 450 and 376 of the Indian Penal Code.

(2.) The defacto complainant, who is the second respondent alleged that, the petitioner herein who was her friend had promised to marry her and had physical relationship with her. Thereafter, without marrying her, he committed cheating. Contending that the petitioner herein had physical relationship with her and her consent was obtained, on a false promise to marry, the defacto complainant laid a complaint. Crime was registered and after investigation, final report was laid. Cognizance was taken and the matter is pending consideration.

(3.) Challenging the above proceedings, the accused has approached this court. The crux of the contention of the petitioner herein is that, even though parties were known to each other and were in love, due to reasons known to the defacto complainant, she has laid a complaint without any basis. It was also contended that the accused was innocent and that he has nothing to do with the crime. Yet another contention of the petitioner herein was that defacto complainant and the accused came to a settlement of the case with the intervention of the mediators and the well wishers. The defacto complaint has since married and is the mother of two children. The learned counsel for the respondents 2 and 3, who are the victim and her mother had contended that the matter has been settled and the respondents 2 and 3, have no objection in quashing the proceedings. The learned Public Prosecutor also submitted that parties have resolved their dispute and the statement of the victim has been recorded.