O R D E R

This Crl.M.C. has been filed under Section 482 of the Criminal Procedure Code seeking the following reliefs;

Call for the records leading to Annexure A7 final report, on the files of the Addl.District and Sessions(POCSO) Court and quash the same in the interest of the justice.

2. Heard the learned Counsel for the petitioner and learned Public Prosecutor in detail. Also heard the de facto complainant appears in person and the learned Counsel representing the de facto complainant.

3. Here the Prosecution alleges commission of offences punishable under Section 376(2)(n) of IPC as well as under Section 4 r/w 3(a), 6r/w 5(1), 6 r/w 5(j)(ii) of the Protection of Children from Sexual Offences Act,2012 by the petitioner/accused.

4. As submitted by the learned Counsel appearing for the respective parties, parties married on 23/12/2013 and have been residing together as husband and wife. Later, the present FIR was registered on 5/7/2022 recording the statement of the de facto complainant, when difference of opinion arose between the spouses. It was alleged that during the period between 4/4/2013 to 8/11/2013, on various dates the accused subjected her to aggravated form of sexual assault, and the defcto complainant was minor during the said period. It is discernible that, the FIR was registered in relation to overt acts that occurred in the year 2013, on 5/7/2022, that too after the solemnization of the marriage between the accused and the defacto complainant on

23/12/2013.

5. Today, the de facto complainant appeared in person and submitted that she did not have a complaint, as alleged, and she has been residing along with the petitioner/accused with two children peacefully. In support of her submission, learned Counsel for the petitioner and the learned Counsel for the de facto complainant also submitted that in continuation of the marriage, parties have been residing together and no issues subsist between them. 6. Learned Public Prosecutor also conceded the same.

7. Since the allegations are raised after seven years after the marriage in relation to the overtacts prior to the marriage and the parties are now residing peacefully, and also considering the welfare of the children, there is no reason to disallow the prayer for quashment so as to facilitate peaceful living of the parties hereinafter, Therefore, in the interest of justice, I am inclined to allow this petition.

In the result, this Criminal Miscellaneous Case stands allowed.

Annexure -A7 and all further proceedings in SC No.847/2022 arose out of Crime No.1991/2001 on the files of the Addl. District & Sessions (POCSO) Court, Ernakulam, against the petitioner herein stand quashed.

Sd/-

A.BADHARUDEEN Judge dpk APPENDIX OF CRL.MC 1029/2023 PETITIONER ANNEXURES ANNEXURE A1: COPY OF THE FIR NO.1991/2021 PERUMBAVOOR POLICE STATION DATED 5/7/2022 REGISTERED AGAISNT THE PETITIONER.

ANNEXURE A2: COPY OF THE FIS RECORD REGISTERING THE FIR NO.1991/2021 DATED 26/10/2021 Annexure A 3 THE TRUE COPY OF THE ORDER IN CRL. MC. NO.

5464/2013 OF HON'BLE HIGH COURT OF KERALA DATED 14-11-2018 ANNEXURE A4 COPY OF THE FIR NO.1717/2021 DATED 14/9/2021 PRODUCED BEFORE THE JFCM COURT -1, PERUMBAVOOR.

Annexure A 5 THE TRUE COPY OF THE COMMON ORDER IN CRL. MC.

NO.4582&4705/ 2022 OF THIS HON'BLE HIGH COURT .DATED 12-01-2022 Annexure A 6 THE TRUE COPY OF THE ORDER IN CRL. MC NO.

2186/2022 .ISSUED BY HON 'BLE HIGH COURT OF KERALA, DATED ON 4/4/2022 COPY OF THE FINAL REPORT SUBMITTED BEFORE ANNEXURE A7 THE ADDL.SESSION COURT, ERNAKULAM, DATED

26/10/2022.