Alexander Thomas, J.

Crl.M.C.No. 2279/2014:

1. The petitioner herein is the accused in Crime No. 752/2012 of Kannamali Police Station, alleging offences punishable under Sec. 376 of the IPC. The prosecution allegation is that the petitioner having given promise of marriage to the defacto complainant, on 13.9.2012 committed rape on her at her house and thereby committed the above said offence. The petitioner avers that he has not committed the above said offence as alleged by the prosecution. Based on the complaint of the defacto complainant (2nd respondent) the Sub Inspector of Police, Kannamali, registered Crime No. 752/2012 of Kannamali Police Station, for offence punishable under Sec. 376 of IPC, against the petitioner. After investigation, the Police filed the impugned Annexure-I final report/charge sheet in the above said crime, which has led to the institution of C.P.No. 6/2013 on the file of the Judicial First Class Magistrate's Court-I, Kochi. It is stated that the petitioner/accused approached the 2nd respondent and her family and settled the matter and that on 29.5.2013 the marriage of the 2nd respondent (defacto complainant) was solemnized and that the 2nd respondent is now peacefully living with her husband and that in these circumstances, there is no need for her to proceed with the prosecution any further and that no purpose will be served by continuing the trial against the petitioner/accused. The 2nd respondent (defacto complainant) has sworn to affidavit dated 16.4.2014 produced as Annexure-II in this Criminal Miscellaneous Case stating the above said aspects and that the matter has been settled and the dispute is purely personal in nature and that her marriage was solemnized in the year 2013 and she is living peacefully with her husband and that since the disputes have been settled between the parties, there is no need to proceed with the prosecution further and that she does not wish to proceed with the impugned criminal proceedings that arose out of Crime No. 752/2012 of Kannamali Police Station and C.P.No.6/2013 on the file of the Judicial First Class Magistrate's Court-I, Kochi, etc. It is in the light of these factual aspects that the petitioner has filed this Criminal Miscellaneous case with the above said prayer.

Crl.M.C.No. 5926/2014:

The petitioner herein is the sole accused in Crime No. 691/2011 of Medical College Police Station, Kozhikode. The above said crime was registered on 26.10.2011 on the allegation that on 8.5.2014 between 9 a.m. and 10 a.m. the petitioner had taken the defacto complainant (2nd respondent) near from CIRHS School, Mathara into his car and raped her at a desolate place between Thondayadu and Palazhy and the same is recorded in his mobile phone, etc. Annexure-A1 is the copy of the FIR in Crime No. 691/2011 of Medical College Police Station, Kozhikode alleging offence under Sec.376/377 of IPC read with Sec.66(E) of the Information Technology Act, 2000. It is stated that now the matter between the defacto complainant (2nd respondent) and the petitioner has been settled and that the defacto complainant does not wish to proceed any further with the impugned criminal proceedings in relation to Annexure-A1 crime and that she has no objection in the quashing of the impugned Annexure-A1 FIR, etc. The 2nd respondent (defacto complainant) has sworn to affidavit dated 12.10.2014, which has been filed in this Crl.M.C. In the said affidavit it is stated by the defacto complainant that the disputes between the 2nd respondent and the petitioner have been settled amicably and that she is no longer interested to proceed with the impugned criminal proceedings in respect of Annexure-A1 FIR and that the disputes between the petitioner and the 2nd respondent are purely personal in nature and no public interest is involved and that she has no objection in allowing this Criminal Miscellaneous Case by quashing the impugned Annexure-A1 FIR, etc. It is in the above facts and circumstances that the