MUHAMMED SHEREEF Vs. STATE OF KERALA AND OTHERS

JUDGEMENT

(1.) The petitioner herein is the sole accused in Crime No.11/2017 of Edakkara Police Station for offence punishable under sections 376 and 420 of the Indian Penal Code. The matter is now pending as SC.No.808/2017 on the files of the Additional Sessions Court-I, Manjeri.

(2.) It is alleged by the second respondent defacto complainant that the petitioner herein got acquainted with the defacto complainant, promised to marry her and to make her believe his promise, took her to a Juma on 1.8.2015 and performed a form of Nikkah. Thereafter, without getting the marriage registered, they had a physical relationship. While so, the petitioner herein left the country and failed to contact the defact complainant thereafter. Alleging that the petitioner herein had no intention to marry her that her consent to marry was obtained by the false promise to marry, the defacto complainant laid a complaint, which led to the registration of the crime. After investigation, final report was laid and the petitioner herein faced trial in SC.No.808/2017, pending before the Additional Sessions Court-I, Manjeri.

(3.) The petitioner has approached this court with a prayer to quash the criminal proceedings on a premise that he has settled the disputes with the defacto complainant. An affidavit stated to have been affirmed by the defacto complainant is produced as Annexure-4. The learned Public Prosecutor on instructions submitted that the settlement has been reported to the police and statement of the defacto complainant was recorded. Since this court was not inclined to permit the settlement of an offence involving section 376 IPC, the petitioner chose to argue the matter on merits. The second respondent remained absent.