IMPORTANT POINT
A redundant criminal proceeding cannot be allowed to continue.

ORDER

K. Haripal, J.—This petition is filed under Section 482 of Criminal Procedure Code. The sole accused in Crime No.108/2019 of Kodakara Police Station, seeks quashment of the criminal proceedings initiated against him. According to him, he is the accused in S.C.No.717 of 2019 pending before the 1st Additional Sessions Court, Thrissur, alleging offence punishable under Sections 450, 370,363, 376(2)(n) of the Indian Penal Code and Sections 4 r/w 3(a) and 6 r/w 5(1) of the POSCO Act. The crime was registered on 20.02.2019 initially under Section 57 of the Kerala Police Act. Later, after the investigation the above sections of law were incorporated and the petitioner was arrayed as the accused.

2. At the time of the incident, the victim girl was only 17 years old, now it is stated that on 16.11.2020, the petitioner has married the girl. In this context, now it is stated that the matter has been settled between the parties and the petitioner and the 2nd respondent are living as husband and wife. Therefore, the proceedings are sought to be quashed.

3. The defacto complainant who is the father of the quantum major and also the prosecutrix have filed affidavits stating that they have no objection in quashing the proceedings.

4. The learned Public Prosecutor submits that he has no instruction with regard to the settlement reached between the parties.

5. I heard the learned counsel for respondents 1 and 2 also. I have also gone through the affidavits filed by respondents 1 and 2 and also the marriage certificate dated 16.11.2020, proving the marriage between the petitioner and the 2nd respondent.

6. In the light of the fact that, they have entered into matrimonial relationship, there is no purpose in continuing the proceedings. Even if the trial court is allowed to proceed with the trial of the case, it is sure that material witness who are respondents 1 and 2 are not going to support the case. That means, it would be a futile exercise to continue the proceedings.

7. The Hon’ble Supreme Court has held that in such cases courts should always take a pragmatic view. When the parties themselves settle the dispute and approach the High Court for quashing the proceedings, the High Court cannot refuse to invoke its inherent jurisdiction under Section 482 of Cr.P.C. For the well being of the couple also, it is only expedient to terminate the proceedings. The proceedings is quashed, no public interest is going to hamper.

In the circumstances, the Crl.M.C. is allowed and Annexure 2 charge sheet is quashed.