IMPORTANT POINT
The court established that a promise of marriage coupled with sexual intercourse can constitute grounds for prosecution under sexual offence laws, necessitating a trial.

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 Though later the said Crl.M.C was withdrawn, even according to the defacto complainant none of the offences are made out.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 out that as per Annexure A5, the defacto complainant herself posted a public notice/message on social media stating that the entire rumours and defamatory messages associating her and the accused shared through social media were fake and there was no truth in it. That apart, FIR was registered after a delay of 3 ½ months. According to the learned counsel for the petitioner, for the above reasons, the quashment prayer is liable to succeed.

4. Repelling this contention, the learned counsel for the defacto complainant would submit that Crl.M.C.No.4084/2024 was filed by the defacto complaint on offer of settlement at the instance of the petitioner on the promise that the accused would look after her. But the petitioner being a Priest deviated from the settlement and the defacto complaint was forced to withdraw the Crl.M.C. According to the learned counsel for the defacto complainant, Annexure A5 social media public notice, was not authored by the defacto complainant and its genuineness is a matter of proof. It is pointed out that the allegations raised in the FIS and in the final report as to commission of repeated sexual intercourse by the accused with an offer to marry the defacto complainant after leaving his priestship could be noticed, prima facie, and in such a case quashment of the proceedings cannot be resorted and the matter would require trial by adducing evidence.

5. The learned Public Prosecutor also supported the stand of the defacto complainant after reading the recitals in the FIS and the statements of the witnesses to assert that the defacto complainant was subjected to sexual intercourse on the promise of marriage.

6. In order to address the rival contentions, I have gone through the FIS given by the defacto complainant on 24.04.2024 whereby FIR was registered alleging commission of the above offences. The FIS would recite that the accused, who is the Priest of St.Johns Baptist Church, Kaloor, subjected the defacto complainant to sexual molestation. According to the defacto complainant, her marriage (not legal marriage) with one Madathattu Shyam Sasi was solemnised on 29.06.2020 and on 17.01.2022 Shyam Sasi abandoned her and a child born to them and he married another lady. According to the defacto complainant, the marriage was not a legal marriage or a marriage as per religious custom since Shyam Sasi was not a member of Christian community. Since she married a man from other caste, holy sacrament and baptism pertaining to her and her child were discussed with the accused. During this discussion, the accused collected her telephone number. Accordingly, the accused, on a Friday during the month of November, 2023, requested her to reach the Church at 11 a.m. When she reached as directed, the accused directed her to go inside the office room.