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2017 Supreme(Ker) 294

RAJA VIJAYARAGHAVAN V.
FREDDY @ ANTONY FRANCIS – Appellant
Versus
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR – Respondent


Advocates Appeared:
For the Petitioner: SRI. SAIJO HASSAN, SRI. BENOJ C AUGUSTIN, SRI. VIVEK V. KANNANKERI, SMT. J. KASTHURI, SRI. RAFEEK. V.K., SRI. U.M. HASSAN, SRI. VISHNU BHUVANENDRAN, SMT. P. PARVATHY
For the Respondent: SRI. E.C. BINEESH

ORDER :

1. This petition is filed under S.482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') with a prayer to invoke the extraordinary inherent powers and to quash the pending criminal proceedings.

2. On the basis of a information lodged by the 2nd petitioner, Crime No. 229 of 2011 was registered and investigation was taken up for offences punishable under Section 376 of the IPC and under Section 3(1) (XII) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and on its completion final report was laid against the 1st petitioner. The case is now pending as SC. No 659 of 2011 on the file of the Sessions Court , Thrissur.

3. The petitioners were in love with each other. According to the prosecution, the 1st petitioner induced the 2nd petitioner to have sexual intercourse with him on the assurance that he would marry her.

4. The learned counsel appearing for the petitioners submits that the crime was registered when the 2nd petitioner apprehended that the 1st petitioner would go back on his word and not marry her. It is submitted that during the pendency of the criminal proceedings, the 1st petitioner married the 2nd petitioner on 25







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