The court's decision was influenced by the interpretation of the legal principles under Art. 226 of the Constitution and the application of the principles laid down by the Supreme Court regarding the exercise of inherent power to quash criminal proceedings.

Headnote:
Art. 226 of the Constitution - Quashing of Criminal Proceedings - Sections 366A, 372, 376, 344 read with Section 34, I.P.C. - Immoral Traffic (Prevention) Act, 1956 - [SUMMARY OF ACT SECTIONS]
Fact of the Case:

The accused persons in Crime No. 5/96 of Vanitha Police Station, Ernakulam sought to quash criminal proceedings against them. The victim, a young woman, was found in a house and alleged to be involved in prostitution and immoral activities. She later lodged a complaint of rape against the accused.
Finding of the Court:

The court found that the allegations and statements did not constitute the offence of rape, and the uncontroverted allegations did not make out a case against the petitioners.
Issues: The main issue was whether the offence of rape was established based on the victim's allegations and statements.
Ratio Decidendi: The court applied the legal principles from various Supreme Court decisions to determine whether the allegations in the FIR and statements constituted a cognizable offence.
Final Decision: The court quashed the criminal proceedings against the petitioners to prevent the abuse of the process of Court.

Judgment :-

PATNAIK, J.

Common questions of law and fact arise in all these Original Petitions. Hence they were heard together and this common judgment is being delivered in all the five cases.

2. Petitioners are the accused persons in Crime No. 5/96 of Vanitha Police Station, Ernakulam (Crime No. 192/CR/96 of the CBCID). In the said crime case, a special team of police is investigating into the allegations of offences under sections 366A, 372, 376 and 344 read with Section 34, I.P.C. against the petitioners and some 55 others. All the petitioners contended that no case has been made out and prayed that the criminal proceedings against them may be quashed.

3. At first, all these Original Petitions came up before a learned single Judge for hearing. By order dated 9th April, 1977, the learned single Judge observed that these cases should be heard by a Division Bench of this Court to have an authoritative decision on a legal question regarding the power of the High Court under Art. 226 of the Constitution to quash the criminal proceedings which are under investigation against the petitioners and others. Learned single Judge referred to the following decisions, besides others, of the Supreme Court :

State of Haryana v. Bhajanlal, 1992 Supp (1) SCC 335 : (1992 Cri LJ 527), State of West Bengal v. Swapan Kumar Guha, (1982) 1 SCC 561 : (1982 Cri LJ 819), State of Bihar v. P. P. Sharma, 1992 Supp (1) SCC 222 : (1991 Cri LJ 1438; State of Punjab v. Gurmit Singh, AIR 1996 SC 1393 : (1996 Cri LJ 1728).

After going through the F.I.R. and the statements of the victim, he held as follows :

"Considering Exts. P1 and P2 F.I.R. and contradictions in the statements and the fact that it was now admitted that victim was major etc., prima facie I am of the view that there is substance in the grievance of the petitioners. However, according to me, in view of the importance of this matter on legal question regarding the power of this Court under Art. 226 of the Constitution of India in interfering at the stage of investigation, this case should be heard by a Division Bench of this Court."

This is how the matter came up before us for hearing.

4. The unfortunate victim, a drop out of a lower primary school, born and brought up in a remote village in Trivandrum District, in a family living in abject poverty and leading a life of miserable existence, was caught red-handed in House No. C.C. 37/1332A at Kumaranasan Nagar, Elamuklam Village, Ernakulam District along with one Sunny, when the City Police raided the house on 16-7-1996 at about 10 a.m. on getting information that she along with others are indulging in prostitution and other immoral activities. Both of them were arrested and Crime Case No. 245/96 was registered under sections 3 and 7 of the Immoral Traffic (Prevention) Act, 1956 for keeping a brothel and carrying on prostitution. In the First Information Report, the Circle Inspector of Police, Central Police Station has stated that when the police personnel came to the portico of the building, Sunny was found seriously injured. He sustained the injury by a fall while running away from the house on apprehension of a raid by the police. He was sent to the General Hospital for treatment after being arrested. When the C.I. of Police and other police personnel entered into the building, they found the victim girl sitting alone on a cot in a room. On being questioned, she disclosed her name and informed that she was 19 years old, belongs to Muslim community and her father's name is Valid. She also gave her village address and stated that Sunny had brought her from Ernakulam and that she and Sunny were indulging in sexual activities.

Previously, a person named Andrews had informed the police that the victim and others are committing immoral acts in the house. The victim's statement corroborated the statement of Andrews. She was arrested at 11 a.m. on 16-7-1996 as it became evident that Sunny had brought her to the building for the purpose of carrying

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