The court may quash criminal proceedings when a settlement exists between parties, and continuing prosecution would lead to an abuse of process.

ORDER

1.This petition is filed under section 482 of the Code of Criminal Procedure .

2.The petitioner herein is the sole accused in Crime No.904/2016 of Vizhinjam Police Station registered alleging offences punishable under Sections 3 and 4 of the Protection of Children from Sexual Offences Act , 2012 and Section 313 and 376 of the IPC . The 2nd respondent is the de facto complainant.

3.The aforesaid crime has been registered on 18.6.2016 on the basis of the information given by the 2nd respondent herein. According to her, she was in love with the petitioner who was her neighbor. While she was in the 10th standard, in the year 2013, she used to work as a sales girl in a textile shop at Balaramapuram. In the month of October, 2013 as previously planned, the petitioner went to the house of the de facto complainant and they had physical relationship. She alleges that she became pregnant which ended up in an abortion. In the year 2016, it appears that the petitioner joined a company as computer mechanic and shifted to Parasala. From January, 2016 onwards, the petitioner stopped messaging and calling 2nd respondent. In February, 2016 she conducted a pregnancy test, which was positive. According to the 2nd respondent, the petitioner obtained her consent on the assurance that he would marry her. When he started withdrawing from her company, she furnished a statement on 18.6.2016 based on which aforesaid crime has been registered. In this context, it would be relevant to note that the incident mentioned in the F.I Statement took place in the year 2013 when the 2nd respondent was 15 year old. At the time of giving F.I Statement, she was 18 years old.

4.After registration of the crime, it appears that the petitioner married the 2nd respondent on 22.8.2016 as per the provisions of the Special Marriage Act , 1954. The parties are now living together as husband and wife. It is in the aforesaid circumstance that this petition is filed seeking to quash the proceedings on the ground that continuance of proceedings against the petitioner is an abuse of process.

5.The 2nd respondent has entered appearance and according to her, she is living with the petitioner and his mother and as the petitioner has married her, she does not want to continue the prosecution proceedings.

6.The learned counsel appearing for the petitioner submits that the allegation of rape and commission of sexual offence against the petitioner was raised when the 2nd respondent was under the impression that the petitioner would not marry her. The undue delay of almost 3 years in registering the FIR is also highlighted by the learned counsel to contend that the only intention of the 2nd respondent was to marry the petitioner herein and nothing else. It is further urged by the learned counsel that the petitioner had all along been waiting for the 2nd respondent to attain majority before tying the knot.

7.The learned Public Prosecutor on instructions submits that the enquiry conducted revealed that the petitioner had married the 2nd respondent and they were living together as husband and wife. It is submitted that the medical evidence did not support the case of the 2nd respondent and there was no material to show that she was violated or that she had underwent an abortion.

8.I have considered the submissions and have perused the case diary. It appears that the FI statement was lodged on 18.06.2006 in respect of an incident which allegedly took place sometime in the month of October, 2013. Though several allegations are raised, it appears that the same is falsified by the medical evidence. The 2nd respondent specifically contends that she was fearful of losing the petitioner who had obtained employment elsewhere and she was forced to lodge the complaint as a result. The 2nd respondent in her affidavit has stated in detail the reason behind lodging a statement alleging various offences against the petitioner. It is borne out from Annexure A 2 certificate that the petitioner has marr