IMPORTANT POINT
Multiple FIRs for the same incident constitute an abuse of process, and significant delays in filing undermine the credibility of allegations.

ORDER :

This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure , 1973 [hereinafter referred as ‘Cr.P.C.’ for short], to quash all further proceedings pursuant to Annexure.A1 FIR and Annexure.A1(a) complaint in Crime No.1071 of 2022 of Konni Police Station, Pathanamthitta. The petitioners herein are accused Nos.1 and 2 in the above case.

2. Heard the learned counsel for the petitioners, the learned Public Prosecutor and the learned counsel appearing for the defacto complainant, in detail. Perused the documents placed by all parties, including the case diary as such.

3. In this matter, Annexure.A1 FIR in Crime No.1071/2022 of Konny Police Station has been registered on 01.12.2022, alleging commission of the offence punishable under Sections 376 and 120(B) of the Indian Penal Code, against the petitioners herein. Annexure.A1(a) is the complaint lodged by the defacto complainant before the Judicial First Class Magistrate Court-II, Pathanamthitta and Annexure.A1 FIR was registered when the said complaint was forwarded by the learned Magistrate for investigation.

4. The precise allegation raised by the defacto complainant against the petitioners in Annexure.A1(a) complaint, which led to registration of Annexure.A1 FIR could be gathered from paragraph Nos. 7, 8 and 9 of Annexure.A1 (a). The same read as under: 7. It is submitted that on 6-4-2015 ie; the day after Easter at around 4.30 PM the Petitioner was alone there at the matrimonial home. When the Petitioner was about to doze in her bedroom, she felt somebody touch her left cheek. She opened her eyes and saw the 1^st Accused, sitting beside her on the bed, clad only in a bathing towel around his groin, and patting her left cheek with his hand. She got frightened and got out of the bed and screamed. Thereupon the 1^st Accused also got himself out of the bed, caught hold of her, forcefully pulled her towards his bosom with his left hand around her neck and covered her mouth with the palm of his right hand. He appealed her that he would reward her if she yield to his sexual desire. Petitioner resisted vehemently and tried hard to wriggle free from his clutches. Thereafter, the 1^st Accused pushed her to the bed, rolled up the nighty she was wearing up to her waist, stripped off her panties, forcefully laying her in a supine position with her legs apart and after stripping himself off, he penetrated his erected penis into the vagina and raped her against her will and consent. After satisfying his lust, he threatened to kill her and ravish her daughter also if she complain this incident to anybody. Complainant was afraid to tell this horrible experience to anybody fearing that he would endanger herself and her daughter. However, she told the whole incident to the 2^nd Accused in the evening itself. But to her astonishment the 2^nd Accused advised the Complainant not to disclose the incident to anybody. She also informed the Complainant that the family was in need of a legal heir to inherit the vast property of the family. She also warned the Complainant with dire consequences if she report it to anybody. It was clear that a criminal conspiracy was hatched by the 1^st and the 2^nd Accused for the criminal act of rape. After this incident many a time the 1^st Accused raped the Complainant.

8. Later the 1^st Accused told the Complainant that he raped her on the connivance of the 2^nd Accused. Since Benjamin was impotent, they wanted a boy child from her as the legal heir of the vast property belonging to the family. Thus, the Complainant became pregnant and after seven months she returned to her house and told her mother everything about these nasty incidents. When her mother ranged up the 1^st Accused, he came to her house with Divakaran and pressurised them not to tell anybody.

9. On 10.02.2016 the Complainant gave birth to a daughter begotten by the 1^st Accused. On the birth of her daughter the respondents were staunchly against the Complainant as they want