A. BADHARUDEEN
Fr. Jose Mathai Myladath, S/o. Mathai – Appellant
Versus
State of Kerala, Represented by Public Prosecutor, High Court of Kerala – Respondent
ORDER :
A. Badharudeen, J.
This Criminal Miscellaneous Case has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashment of Annexure A2 charge sheet in Crime No.194/2024 of Kalloorkad Police Station and all further proceedings.
2. Heard the learned counsel for the petitioner, the learned counsel for the defacto complainant and the learned Public Prosecutor in detail. Perused the relevant documents.
3. In this matter it is alleged that the petitioner herein committed offences punishable under Section 376, 376(2)(n) and 342 of the Indian Penal Code ('IPC' for short). While seeking quashment of the proceedings it is argued by the learned counsel for the petitioner that the petitioner is innocent and the allegations are false. According to the learned counsel for the petitioner, even though crime was registered, the defacto complainant/victim herself filed Crl.M.C.No.4084/2024 to quash the FIR on the submission that she lodged a complaint on sheer misunderstanding and there was no sexual harassment, as alleged. Though later the said Crl.M.C was withdrawn, even according to the defacto complainant none of the offences are made out. It is also pointed o
The court established that a promise of marriage coupled with sexual intercourse can constitute grounds for prosecution under sexual offence laws, necessitating a trial.
Allegations of sexual offences raised after significant delay post-marriage were found unsustainable, indicating potential misuse of the PoCSO Act.
Consent obtained under a misconception of fact, such as a promise of marriage, is not valid consent; this necessitates a trial to determine the nature of the consent.
Consent in sexual offences cannot be deemed obtained by misconception if the complainant is already married, nullifying the validity of the promise of marriage.
Marriage after alleged offense can nullify proceedings under certain statutory provisions.
Vague and omnibus allegations under Section 498A do not suffice to sustain criminal proceedings, especially when made in retaliation to a divorce petition.
Consensual relationships can lead to quashing of serious criminal charges when disputes are settled.
Serious offences under the POCSO Act cannot be settled; quashment based on settlement is impermissible due to public interest considerations.
Rape – Even assuming that accused appellant retracted from his promise to marry complainant, it cannot be said that he indulged in sexual intercourse with de-facto complainant under a false promise o....
The court emphasized that the inherent powers vested in the High Court under Section 482 of the Code of Criminal Procedure should be exercised sparingly and declined to quash the proceedings based on....
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