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2019 Supreme(Ker) 339

ALEXANDER THOMAS
Ashiq – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : C.S. Manu & S.K. Premraj, Adv.
For the Respondent: Saigi Jacob Palatty & Anoop Joseph, Adv

ORDER :

The petitioner is the sole accused in S.C.No.533/2015 on the file of the Additional Sessions Court (For the trial of cases relating to atrocities and sexual violation against women and children), Ernakulam, which has been instituted alleging offences punishable under Ss.366A, 376 and Ss.3(a) r/w 4 of the POCSO Act, 2012. The 2nd respondent is CW2 in the charge sheet filed by the Police (Anx.A-1).

2. It is now stated that the petitioner and the 2nd respondent have settled the disputes amicably and that she has no grievance against the petitioner. The petitioner (accused) and the 2nd respondent (victim) have solemnized their marriage on 3.8.2016 as per the provisions of the Special Marriage Act, 1954, as evident from Anx.A-2 Marriage Certificate dated 3.8.2016 issued by the statutory Marriage Officer. Now they have a daughter aged 4 months in the said wedlock. It is in the light of these aspects that the petitioner and the 2nd respondent urge that the impugned criminal proceedings may be quashed. Learned counsel appearing for contesting respondent No.2 (victim) points out that, since she has already married the petitioner (accused) it will be more in her interest that the impug






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