LAWS(KER)-2018-10-290

VISHNU S. Vs. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM AND OTHERS

Decided On October 26, 2018
Vishnu S. Appellant
V/S
State Of Kerala Represented By Public Prosecutor, High Court Of Kerala, Ernakulam And Others Respondents

JUDGEMENT

(1.) The petitioner is the sole accused in Crime No.1347/2014 of Chadayamangalam Police Station, Kollam District for offences punishable under Section 376 IPC and Sections 3 and 4 of Protection of Children from Sexual Offences Act. It was reported by the additional 3rd respondent that her daughter was missing on 25.09.2014. It was understood that the 2nd respondent, who is the daughter of the 3rd respondent had eloped with the petitioner herein. Crime was registered arraying the petitioner herein as the accused. After investigation, final report was filed and the matter is now pending as S.C.No.909/2015 of District and Sessions Court, Kollam.

(2.) Petitioner has approached this Court to quash the criminal proceedings contending that the parties were in love, that the 2nd respondent had attained the age of majority and also that he has married the 2nd respondent evidenced by Annexure A3.

(3.) Petitioner relied on Annexure A4 affidavit affirmed by the 2nd respondent. 2nd respondent appeared through counsel. 3rd respondent has been served notice but she has not appeared.