Divya Ouseph vs State of Kerala

Type Court Judgment Court Kerala Decided Jun 04, 2024

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Citation: sooperkanoon.com/1313081
Court: Kerala High Court
Judge: Honourable Mr. Justice a. Badharudeen
Decided On: Jun 04, 2024
Case Number: Crl.MC/2063/2024

Parties & Advocates

Appellant / Petitioner

Divya Ouseph

Respondent

State of Kerala

Excerpt

.....the learned counsel for the petitioner and the learned public prosecutor in detail. perused the entire case records in this matter.3. the prosecution case herein is that the accused herein,crl.m.c.no.2063/2024 3 who had animosity towards the defacto complainant and his son, at 10 a.m on 24.01.2018 criminally trespassed upon the residential house of the defacto complainant, where she has been residing along with his minor son one yohannan anil, aged 13 years. thereafter, the accused abused and threatened the defacto complainant with consequence of death. the allegations against the 1st accused is that he slapped on the left ear of the defacto complainant and caused pain. when she attempted to ran away, the 2nd accused caught hold of the leg of her minor son anil and the 3rd accused caught hold of the hand of anil, and thereby the accused herein committed offences punishable under sections 451, 341, 323, 294(b), 506(1) r/w 34 of the indian penal code (`ipc’ for short) and section 75 of the juvenile justice act.4. the learned counsel for the petitioner argued at length to convince this court that none of the offences is made out and, therefore, annexure-a2 final report is liable to be quashed. crl.m.c.no.2063/2024 45. the learned public prosecutor strongly opposed quashment of the crime involving assault against a minor, borne out from the materials involving offence under section 75 of the juvenile justice act.6. on perusal of the records along with statements of thedefacto complainant and witnesses, prosecution case is well made out, prima facie, disclosing commission of the offences alleged by the prosecution. in such a case involving assault against a minor cannot be quashed.7. therefore, this petition must fail. in the result, thepetition is dismissed. registry shall forward a copy of this order to the jurisdictional court for information and further action. sd/- (a.badharudeen, judge) rtr/ crl.m.c.no.2063/2024 5 appendix of crl.mc 2063/2024.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946 CRL.MC NO. 2063 OF 2024 CRIME NO.150/2018 OF Kunnathunadu Police Station, Ernakulam AGAINST THE ORDER/JUDGMENT DATED IN SC NO.1376 OF 2023 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT (VIOLENCE AGAINST WOMEN & CHILDREN), ERNAKULAM PETITIONER/ACCUSED NO.3: DIVYA OUSEPH, AGED 27 YEARS D/O.OUSEPH PAULOSE, KADHALIPARAMBIL HOUSE, VALAYAMCHIRANGARA P.O., PERUMBAVOOR, AIRAPURAM VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM, PIN - BY ADVS. S.RAJEEV V.VINAY M.S.ANEER PRERITH PHILIP JOSEPH ANILKUMAR C.R. K.S.KIRAN KRISHNAN RESPONDENTS/STATE & ANOTHER: 1 STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.150/2018 OF KUNNATHUNADU POLICE STATION), PIN - 682031. 2 REGIONAL PASSPORT OFFICER REGIONAL PASSPORT OFFICE, SHIHAB THANGAL ROAD, NEAR IDBI CORPORATE BRANCH, PANAMPILLY NAGAR, ERNAKULAM, PIN - 682036. R2 BY C.G.C ADV MINI GOPINATH . R1 BY PUBLIC PROSECUTOR SRI M P PRASANTH THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 28.05.2024, THE COURT ON 04.06.2024 PASSED THE FOLLOWING: Crl.M.C.No.2063/2024 2
A. BADHARUDEEN, J.
================================ Crl.M.C No.2063 of 2024 ================================ Dated this the 4th day of June, 2024

ORDER

This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure (`Cr.P.C’ for short) by the accused in Crime No.150 of 2018 of Kunnathunadu Police Station, Ernakulam, now pending as SC.No.1376/2023 on the files of Additional District and Sessions Court (for the trial of cases relating to Atrocities & Sexual Violence against Women and Children), Ernakulam. The prayer in this petition is to quash all further proceedings in the above case.

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor in detail. Perused the entire case records in this matter.

3. The prosecution case herein is that the accused herein,

Crl.M.C.No.2063/2024 3 who had animosity towards the defacto complainant and his son, at 10 a.m on 24.01.2018 criminally trespassed upon the residential house of the defacto complainant, where she has been residing along with his minor son one Yohannan Anil, aged 13 years. Thereafter, the accused abused and threatened the defacto complainant with consequence of death. The allegations against the 1st accused is that he slapped on the left ear of the defacto complainant and caused pain. When she attempted to ran away, the 2nd accused caught hold of the leg of her minor son Anil and the 3rd accused caught hold of the hand of Anil, and thereby the accused herein committed offences punishable under Sections 451, 341, 323, 294(b), 506(1) r/w 34 of the Indian Penal Code (`IPC’ for short) and Section 75 of the Juvenile Justice Act.

4. The learned counsel for the petitioner argued at length to convince this Court that none of the offences is made out and, therefore, Annexure-A2 final report is liable to be quashed. Crl.M.C.No.2063/2024 4

5. The learned Public Prosecutor strongly opposed quashment of the crime involving assault against a minor, borne out from the materials involving offence under Section 75 of the Juvenile Justice Act.

6. On perusal of the records along with statements of the

defacto complainant and witnesses, prosecution case is well made out, prima facie, disclosing commission of the offences alleged by the prosecution. In such a case involving assault against a minor cannot be quashed.

7. Therefore, this petition must fail. In the result, the

petition is dismissed. Registry shall forward a copy of this order to the jurisdictional court for information and further action. Sd/- (A.BADHARUDEEN, JUDGE) rtr/ Crl.M.C.No.2063/2024 5 APPENDIX OF CRL.MC 2063/2024 PETITIONER’S ANNEXURES

1. SEALED COVER : COPY OF THE FIR IN CRIME NO.150/2018 OF KUNNATHUNADU POLICE STATION, DATED 24.01.2018.

2. SEALED COVER : A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.150/2018 DATED 07.03.2018.

Annexure-III              A COPY OF THE ORDER ISSUED BY THE
                          ADDL.DISTRICT    AND   SESSIONS     JUDGE,
                          ERNAKULAM   (FOR   THE  TRIAL   OF   CASES

RELATING TO ATROCITIES & SEXUAL VIOLENCE AGAINST WOMEN AND CHILDREN), ERNAKULAM, IN CRL.MP NO.164/2024 IN SC NO.1376/2023, DATED 08-02-2024.

Same Court & Year Kerala · 2024 Same Parties Divya Ouseph vs State of Kerala Same Judge Honourable Mr. Justice a. Badharudeen