Serious offences like rape cannot be quashed based on victim's retraction or compromise, as they impact public interest and societal norms.

ORDER :

A. Badharudeen, J.

This petition under Section 482 of the Code of Criminal Procedure, to quash Annexure-I final report and all further proceedings in SC No.615/2015 on the files of the Special Court for the trial of cases relating to Atrocities & Sexual Violence against Women and Children), Thrissur, has been filed by the defacto complainant and the victim together.

2. Heard the learned counsel for the petitioners and the learned Public Prosecutor at length. Perused the records placed by learned counsel for the petitioners as well as the case diary as such produced by the learned Public Prosecutor.

3. On tracing the genesis of the case, this case was registered by Thrissur East Police, as per Annexure-III FIR, based on Annexure-II complaint lodged by the mother of the victim, who is the 1st petitioner herein. In Annexure-II complaint, the defacto complainant raised allegation that the accused herein, who taught dance to the victim (CW2), the 2nd petitioner herein, offered chance for the victim to act in films and reality shows and thereafter subjected the victim to sexual intercourse on the said premise. The further allegation is that the accused was a married person and in the complaint, apprehension of similar instances from the accused to other girls was also stated. The Inspector of Police, Vanitha Cell, Thrissur City, on getting Annexure-II complaint, forwarded the same to the Station House Officer, Thrissur East Police Station, for further necessary action, which led to registration of Annexure-III FIR. Later, Annexure-III was transferred to Guruvayoor police station, where Annexure-IV FIR (Crime No.775/2015), alleging commission of offence punishable under Section 376 of the Indian Penal Code, 1860, (hereinafter referred to as ‘IPC’ for short) as well as under Section 3 r/w 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as ‘PoCSO Act’ for short), was registered. Later, the case was investigated and Annexure-I final report was filed as on 25.08.2015 alleging that the accused herein committed offences punishable under Sections 376 and 109 r/w 34 of IPC as well as under Sections 3 and 4 of the PoCSO Act.

4. The learned counsel for the petitioners read out the genesis of the case, as stated above, and pointed out that this is a false case foisted at the instance of the 1st petitioner initially on misunderstanding. The learned counsel for the petitioners had given much emphasis to the 164 Cr.P.C. statement of the victim, recorded as on 12.06.2015, on the next day of recording her 161 statement, on the submission that in the 164 statement nothing was disclosed by the victim insofar as any sexual assault or molestation, though the allegations of the prosecution have been stated in the 161 Cr.P.C. statement.

5. On perusal of the 164 Cr.P.C. statement of the victim, it is discernible that the victim stated before the Magistrate that her parents are living separately. The accused was her choreographer when she participated in D4 Dance and the victim and the accused were in love. But the accused married another lady and the accused told her that her parents were attempting to make money by selling her. The victim stated further that the victim was in good terms with the wife of the accused, but her mother used to defame the victim and the accused. Further the same was supported by the father also. According to her, the complaint was one written by compulsion and she had nothing to say regarding the case and the allegations in the complaint are false. When the Magistrate asked a question as to whether anything more to be stated, the victim stated that this case was incorrect and she did not know about the same.

6. As pointed out by the learned Public Prosecutor and also conceded by the learned counsel for the petitioners, before recording 164 Cr.P.C. statement, which would give a clean chit to the accused, as on 11.06.2015, the police recorded the statement of the victim and in the said sta