Harilal vs State of Kerala

Type Court Judgment Court Kerala Decided Apr 25, 2024

~2 min read

https://sooperkanoon.com/case/1308619

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1308619
Court: Kerala High Court
Judge: Honourable Mrs. Justice C.S. Sudha
Decided On: Apr 25, 2024
Case Number: Crl.MC/9180/2023

Parties & Advocates

Appellant / Petitioner

Harilal

Respondent

State of Kerala

Excerpt

.....--------------------------------------------------------------- dated this the 25th day of april, 2024orderthis petition is filed for quashing crime no.1839/2020 of kazhakuttam police station, which has been taken on file as s.c.no.552/2021 on the file of court of sessions, thiruvananthapuram. the offences alleged against the accused are punishable under sections 376 and 506(i) of the indian penal code, 1860 r/w section 3(1)(w)(i) and 3(2)(v) of sc/sct (poa) act, 1989.2. the counsel for the 4th respondent, the aggrieved, is alsopresent. an affidavit has been filed by the 4 th respondent stating that due to a misunderstanding the crime had been registered; that she had consensual sexual relation with the petitioner/accused; that she has married the petitioner on 23.10.2022 and that they are leading a marital life. in such circumstances, no purpose would be served by proceeding with the trial of the case. accordingly, the matter is quashed under section 482 of code of criminal procedure, 1973. crl.m.c. is allowed as above. interlocutory applications, if any pending, shall stand closed. sd/- c.s.sudha judge jka/25.04.24 appendix of crl.m.c 9180/2023 petitioner’s annexures annexure i true copy of the final report of the 3 rd respondent in crime no.1839/2020 of kazhakuttam police station in sealed cover annexure 2 true copy of the certificate of marriage issued by the registrar of marriage of kadinamkulam grama panchayat on 08.11.2022 in sealed cover annexure 3 true copy of the birth certificate of thechild of the petitioner and the 4th respondent issued by the registrar of birth and death of chirayinkeezhu grama panchayat in sealed cover annexure 4 copy of the affidavit executed by the 4 th respondent in sealed cover

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE C.S. SUDHA THURSDAY, THE 25TH DAY OF APRIL 2024 / 5TH VAISAKHA, 1946 CRL.MC NO. 9180 OF 2023 CRIME NO.1839/2020 OF KAZHAKKUTTOM POLICE STATION, IN SC NO.552 OF 2021 OF DISTRICT COURT & SESSIONS COURT, PETITIONER/ACCUSED: XXXXXXXXXX BY ADV. LATHEESH SEBASTIAN RESPONDENTS/STATE & COMPLAINANT & VICTIM: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 ASSISTANT COMMISSIONER OF POLICE CYBER CITY SUB DIVISION, KAZHAKUTTAM, THIRUVANANTHAPURAM, PIN - 695582 3 STATION HOUSE OFFICER KAZHAKUTTAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT, PIN - 695582 4 XXXXXXXXXX BY ADV NEETHU S. OTHER PRESENT SMT. SEETHA.S, GOVERNMENT PLEADER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
C.S.SUDHA, J.
-------------------------------------------------------------- --------------------------------------------------------------- Dated this the 25th day of April, 2024

ORDER

This petition is filed for quashing Crime No.1839/2020 of Kazhakuttam Police Station, which has been taken on file as S.C.No.552/2021 on the file of Court of Sessions, Thiruvananthapuram. The offences alleged against the accused are punishable under Sections 376 and 506(i) of the Indian Penal Code, 1860 r/w Section 3(1)(w)(i) and 3(2)(v) of SC/SCT (POA) Act, 1989.

2. The counsel for the 4th respondent, the aggrieved, is also

present. An affidavit has been filed by the 4 th respondent stating that due to a misunderstanding the crime had been registered; that she had consensual sexual relation with the petitioner/accused; that she has married the petitioner on 23.10.2022 and that they are leading a marital life. In such circumstances, no purpose would be served by proceeding with the trial of the case. Accordingly, the matter is quashed under Section 482 of Code of Criminal Procedure, 1973. Crl.M.C. is allowed as above. Interlocutory applications, if any pending, shall stand closed. Sd/- C.S.SUDHA JUDGE Jka/25.04.24 APPENDIX OF CRL.M.C 9180/2023 PETITIONER’S ANNEXURES ANNEXURE I TRUE COPY OF THE FINAL REPORT OF THE 3 rd RESPONDENT IN CRIME NO.1839/2020 OF KAZHAKUTTAM POLICE STATION IN SEALED COVER ANNEXURE 2 TRUE COPY OF THE CERTIFICATE OF MARRIAGE ISSUED BY THE REGISTRAR OF MARRIAGE OF KADINAMKULAM GRAMA PANCHAYAT ON 08.11.2022 IN SEALED COVER ANNEXURE 3 TRUE COPY OF THE BIRTH CERTIFICATE OF THE

CHILD OF THE PETITIONER AND THE 4TH RESPONDENT ISSUED BY THE REGISTRAR OF BIRTH AND DEATH OF CHIRAYINKEEZHU GRAMA PANCHAYAT IN SEALED COVER ANNEXURE 4 COPY OF THE AFFIDAVIT EXECUTED BY THE 4 th RESPONDENT IN SEALED COVER

Same Court & Year Kerala · 2024 Same Parties Harilal vs State of Kerala Same Judge Honourable Mrs. Justice C.S. Sudha