Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN WEDNESDAY, THE 29TH DAY OF MAY 2024 / 8TH JYAISHTA, 1946 CRL.MC NO. 1459 OF 2023 CRIME NO.631/2022 OF TOWN WEST POLICE STATION, THRISSUR SC NO.994 OF 2022 OF ADDITIONAL DISTRICT COURT, THRISSUR PETITIONERS/ACCUSED NOS.1 & 2: 1 XXXX XXXXXX 2 XXXXX XXXXXX BY ADV PREMCHAND M. RESPONDENTS/STATE & DE FACTO COMPLAINANT: 1 STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 XXXXX XXXXXXXXX R1 BY PUBLIC PROSECUTOR SRI.M.P.PRASANTH R2 BY ADVS. ANAND KALYANAKRISHNAN C.DHEERAJ RAJAN(K/579/2013) THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29.05.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC NO. 1459 OF 2023 2
ORDER
Dated this the 29th day of May, 2024 This petition has been filed under Section 482 of the Code of Criminal Procedure to quash Annexure K Final Report and all further proceedings in S.C.No.994/2022 on the files of Additional District Court, Thrissur, arose out of Crime No.631/2022 of Thrissur Town West Police Station.
2. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
3. In response to the prayer canvassed in this petition and
as pointed out by the learned counsel for the 2 nd respondent that this is a case where sufficient materials are not available to go for trial, I have perused the final report in this crime. As per the final report, the prosecution alleges commission of offences punishable under Section 323 of the IPC, Section 8 r/w Section 7, Section 19 r/w Section 21 of Protection of Children from Sexual Offences (POCSO) Act, 2012 as well as under Section 75 of the Juvenile Justice Act, by the petitioners/ accused herein.
CRL.MC NO. 1459 OF 2023 3
4. The precise allegation is that, in between 10.4.2022 to
17.4.2022, as per order of the Court, when the de facto complainant reached the residence of the 1 st accused, the 1st accused, who is bound to protect the welfare of the de facto complainant, beat her by using a belt and the 2 nd accused caught on her chest and the 1st accused threatened the de facto complainant, not to disclose this matter to anybody.
5. Though the contention raised by the petitioners is that
they are innocent and there are litigations pending between the mother of the victim and the 1st accused, the overt acts led to registration of this crime were disclosed at the time of counseling by the minor/de facto complainant and the investigating officer collected materials in support of the said allegations, disclosing commission of the above offences. It is true that, false implication is the crux of the allegations raised to quash the complaint. Since the materials available would disclose materials to constitute offences alleged to be committed by the accused, quashment could not be considered and the contention as to false implication in view of pendency of litigations in between the 1 st accused and the mother of the de facto complainant can be raised during trial.
CRL.MC NO. 1459 OF 2023 4 Accordingly, this petition stands dismissed with liberty to the petitioners to raise the contentions before the trial court. Sd/- A. BADHARUDEEN JUDGE Bb CRL.MC NO. 1459 OF 2023 5 APPENDIX OF CRL.MC NO. 1459 OF 2023
PETITIONERS’ ANNEXURES ANNEXURE A TRUE COPY OF THE O.P.NO.367/2021 OF THE FAMILY COURT THRISSUR FILED BY THE WIFE OF THE FIRST PETITIONER ANNEXURE B TRUE COPY OF THE ORDER DATED 11/11/2021 IN I.A.NO.2/2021 IN O.P.NO.771/2021 OF THE FAMILY COURT THRISSUR ANNEXURE C TRUE COPY OF THE ORDER DATED 07/04/2022 IN O.P.(FC) NO.608/2021 OF THIS HON'BLE COURT ANNEXURE D TRUE COPY OF THE G.O.P. NO.74/2022 BEFORE THE FAMILY COURT THRISSUR FILED BY THE 1ST PETITIONER ANNEXURE E TRUE COPY OF THE I.A.NO.2/2022 IN GOP NO.74/2022 FILED BY THE 1ST PETITIONER ON 10/01/2022 ANNEXURE F TRUE COPY OF THE OBJECTIONS FILED BY THE MOTHER OF DE-FACTO COMPLAINANT ON 15/6/2022 ANNEXURE G TRUE COPY OF THE ORDER DATED 04/07/2022 IN I.A.NO.02/2022 IN G.O.P. NO.74/2022 ANNEXURE H TRUE COPY OF THE ORDER DATED 27/10/2022 IN O.P.NO.771/2021 ANNEXURE I CERTIFIED COPY OF THE FIR NO.631/2021 OF THRISSUR TOWN WEST POLICE STATION, THRISSUR ANNEXURE J TRUE COPY OF THE ORDER PASSED BY THE SESSIONS COURT, THRISSUR IN CRL.M.C.NO.856/2022 ANNEXURE K CERTIFIED COPY OF THE FINAL REPORT SUBMITTED BY THE THRISSUR TOWN WEST POLICE STATION RESPONDENTS’ ANNEXURES : NIL