IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE G.GIRISH FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 CRL.MC NO. 5635 OF 2020 CRIME NO.651/2019 OF KARUKACHAL POLICE STATION, KOTTAYAM PETITIONER/ACCUSED: RENJU RAJU @ MANU AGED 20 YEARS S/O. K.J. RAJU, MUKALEL HOUSE, KARIKKANILAVU BHAGOM, KOOTHRAPPALLY P.O., KARUKACHAL VILLAGE, CHANGANACHERRY TALUK, KOTTAYAM DISTRICT-686 540. BY ADV K.SHAJ RESPONDENTS/STATE & CW1: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. 2 INSPECTOR OF POLICE KARUKACHAL POLICE STATION, KOTTAYAM DISTRICT-686 540. 3 VICTIM XXX BY ADV R.BINU SMT SEETHA S, SR PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:29102 Crl.M.C 5635/2020 2 ORDER The petitioner is the accused in SC No.283/2019 on the files of the Fast Track Special Court, Changanacherry. The allegation against him is that he committed rape upon CW1, a child, on several occasions from the month of April, 2018 onwards. Thus, the petitioner is accused of the commission of offences under Sections 376(1)(2)(n) of the Indian Penal Code and Section 6 r/w Section 5 (j)(ii), (l) and (q) of the Protection of Children from Sexual Offences Act, 2012. 2. In the present petition, it is stated that the petitioner has married the survivor, and that they are now leading a cordial family life. For the above reason, the petitioner seeks to quash the proceedings against him in the said case. 3. Heard the learned counsel for the petitioner, the learned counsel representing the survivor and the learned Public Prosecutor representing the State of Kerala. 4. It is submitted by the learned counsel representing the survivor that the quashment of the proceedings in this case is highly necessary for the sake of the cordial family life of the survivor and the petitioner, who live as husband and wife after their marriage solemnised on 27.10.2020. The 2025:KER:29102 Crl.M.C 5635/2020 3 learned Public Prosecutor also submitted that the survivor has given a statement to the Investigating Officer that she is presently living happily with the petitioner, who married her on 27.10.2020, after she attained the age of majority. 5. Having regard to the above development of the case, it appears that the continuance of the prosecution against the petitioner in SC No.283/2019, before the Fast Track Special Court, Changanacherry, would work injustice to the survivor as well as the accused. In the above circumstances, the termination of the proceedings in the said case is highly necessary to meet the ends of justice. Therefore, the prayer in this petition to quash the proceedings has to be allowed. In the result, the petition stands allowed. The proceedings against the petitioner/accused in SC No.283/2019, on the files of the Fast Track Special Court, Changanacherry, are hereby quashed. Sd/- G.GIRISH JUDGE IAP 2025:KER:29102 Crl.M.C 5635/2020 4 APPENDIX OF CRL.MC 5635/2020 PETITIONER’S ANNEXURES: ANNEXURE A1 TRUE COPY OF THE FINAL REPORT IN S.C.NO.283/2019 BEFORE THE HON'BLE FAST TRACK SPECIAL COURT AT CHANGANACHERRY ARISING OUT OF CRIME NO.651/2019 OF KARUKACHAL POLICE STATION. ANNEXURE A2 THE TRUE COPY OF THE FIR IN CRIME NO.651/2019 OF KARUKACHAL POLICE STATION. ANNEXURE A3 TRUE COPY OF THE MARRIAGE CERTIFICATE DATED 27.10.2020. ANNEXURE A4 THE ORIGINAL OF THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT SETTLING THE DISPUTES BETWEEN THE PETITIONER AND HER IN THE SAID CRIME.