SUNISH PILLAI S/O SOMAN PILLAI vs STATE OF KERALA

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Ker) 1169

A. BADHARUDEEN
SUNISH PILLAI S/O SOMAN PILLAI – Appellant
Versus
STATE OF KERALA – Respondent

Advocates:
Advocate Appeared:
For the Petitioners: R. ANIL, B. RAMAN PILLAI, M. SUNILKUMAR, SUJESH MENON V.B., THOMAS ABRAHAM, THOMAS SABU VADAKEKUT, S. LAKSHMI SANKAR, RESSIL LONAN, SWETHA P. DILEEP, MAHESH BHANU S.
For the Respondents: BOBBY GEORGE, JOY C. PAUL, BABY SIMON, NOBLE GEORGE, ABHILASH MURALEEDHARAN, MADHU V.

ORDER :

1. This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure (‘Cr.P.C.’ for short), seeking to quash Annexure 7 FIR based on Annexure 6 FIS and all further proceedings pursuant to the same in Crime No. 181/2022 of Atholy Police Station, Kozhikode. The petitioner is the sole accused in this case.

2. Heard and on the learned counsel for the petitioner and the learned Senior Counsel Advocate P. Vijayabhanu appearing for the 2nd respondent on 12.08.2024, 19.08.2024 and on 06.09.2024. As on 11.09.2024, this Court ordered as under:

“It is submitted by the learned counsel for the petitioner that though the allegation in the complaint is under Section 376 of the Indian Penal Code, the defacto complainant has another contention that, there was marriage between the defacto complainant and the accused and further, the accused is liable to pay some amount, borrowed from the defacto complainant. The learned counsel for the petitioner would submit that, in view of the discussion between the counsels concerned, Rs.50,00,000/- (Rupees Firth lakh only) transferred to the defacto complainant in her account through RTGS and the same is not in dispute. Th