Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. SATURDAY, THE 30TH DAY OF SEPTEMBER 2023 / 8TH ASWINA, 1945 CRL.MC NO. 6943 OF 2023 AGAINST THE ORDER/JUDGMENT CC 3187/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,NEDUMANGAD PETITIONER/ACCUSED 1 AND 2: 1 PRADEEP, AGED 42 YEARS S/O CHANDRESENAN, PUTHENVEEDU, AATUKADAVU, PACHALLUR, THIRUVALLAM VILLAGE, THIRUVANANTHAPURAM DISTRICT., PIN - 695027 2 ASWATHY EDISON, AGED 31 YEARS D/O SUNITHA EDISON, SUBIN NIVAS, NELLIVILA, VENNIYOOR, VENGANOOR VILLAGE, THIRUVANANTHAPURAM TALUK, THIRUVANANTHAPURAM DISTRICT., PIN - 695523 BY ADVS. ADITHYA RAJEEV S.PARVATHI RESPONDENT/STATE AND DE FACTO COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 SUNITHA EDISON AGED 52 YEARS W/O EDISON, SUBIN NIVAS, NELLIVILA, VENNIYOOR, VENGANOOR VILLAGE, THIRUVANANTHAPURAM TALUK, THIRUVANANTHAPURAM DISTRICT., PIN - 695523 BY ADVS. ARYA RAGHUNATH MANJUNATH MENON(K/000474/2015) ADV. VIPIN NARAYAN , PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30.09.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC NO. 6943 OF 2023 2
ORDER
Petitioners are the accused in Crime No.495/2021 of Aruvikkara police station, Thiruvananthapuram district, which is now pending as C.C. No.3187/2021 on the file of the Judicial First Class Magistrate Court-II, Nedumangad, alleging commission of offences punishable under Sections 342 and 323 r/w. 34 of the Indian Penal Code and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015.
2. Allegation against the petitioners is that, the 2 nd
petitioner, at the instigation of the 1 st petitioner, abandoned her children, after locking them up in a room and had also beaten them up and thereby, the petitioners committed the offences alleged against them.
3. Learned counsel appearing for the petitioners would
submit that Crime No.495/2021 of Aruvikkara police station was registered at the instance of the 2 nd respondent, who is none other than the mother of the 2nd petitioner. It is submitted that the 2nd petitioner had earlier filed a complaint against her parents and her husband and finally, that complaint has been withdrawn. It is submitted that, there are matrimonial disputes between the 2nd petitioner and her husband and proceedings, CRL.MC NO. 6943 OF 2023 3 including proceedings for custody of children, are pending before the Family Court, Nedumangadu. It is submitted that, by virtue of Annexure-X order of the Division Bench of this Court, the custody of the children has been given to the 2 nd petitioner and the 2nd petitioner is living with her children along with the 2nd respondent.
4. Learned Public Prosecutor and the learned counsel
appearing for the 2nd respondent would confirm that the aforesaid facts are correct and the 2 nd respondent does not wish to prosecute the complaint any longer. It is also submitted that the interest of the children will be best served by quashing the proceedings as the children are now residing with the 2 nd petitioner and the 2nd respondent.
5. Having heard the learned counsel appearing for the
petitioner, learned Public Prosecutor and the learned counsel appearing for the 2nd respondent, I am of the view that this Crl.M.C. can be allowed. There is no public interest involved in continuing the proceedings against the petitioners. Therefore, in exercise of the jurisdiction vested in this Court under Section 482 of the Code of Criminal Procedure, further proceedings against the petitioners can be quashed. CRL.MC NO. 6943 OF 2023 4 Accordingly, the Crl.M.C is allowed and all further proceedings in C.C. No.3187/2021 on the file of the Judicial First Class Magistrate Court-II, Nedumangadu (arising out of Crime No.495/2021 of Aruvikkara police station) will stand quashed as against the petitioners. It is made clear that this order shall not have any bearing on the proceedings relating to the custody of children, which will be decided by the Family Court, Nedumangadu, untrammeled by any observations contained in this order. Sd/- GOPINATH P. JUDGE ajt CRL.MC NO. 6943 OF 2023 5 APPENDIX OF CRL.MC 6943/2023 PETITIONER ANNEXURES Annexure-I CERTIFIED COPY OF THE FIRST INFORMATION
REPORT DATED 20-04-2021 IN CRIME NO.495 OF 2021 OF THE ARUVIKKARA POLICE STATION, THIRUVANANTHAPURAM DISTRICT
Annexure-II CERTIFIED COPY OF THE FINAL REPORT DATED NIL IN CRIME NO.495 OF 2021 OF THE ARUVIKKARA POLICE STATION, THIRUVANANTHAPURAM DISTRICT Annexure-III A TRUE COPY OF O.P NO. 588/2020 BEFORE THE FAMILY COURT, NEDUMANGAD DATED 15.07.2020 Annexure-IV A TRUE COPY OF THE ORDER DATED 23.12.2020 IN CMP NO. 395/2020 IN M.C NO. 197/2020 BEFORE THE FAMILY COURT, NEDUMANGAD Annexure-V A TRUE COPY OF THE COMPLAINT DATED 30.03.2021 SUBMITTED BEFORE THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM DISTRICT Annexure-VI A TRUE COPY OF CMP NO. 938/2021 BEFORE JUDICIAL FIRST CLASS MAGISTRATE II, NEDUMANGAD DATED 23.04.2021 Annexure-VII CERTIFIED COPY OF THE MEMO DATED 24-02-2023
SUBMITTED BY THE COUNSEL FOR THE 2ND PETITIONER IN CMP NO. 938/2021 BEFORE JUDICIAL FIRST CLASS MAGISTRATE II, NEDUMANGAD
Annexure-VIII CERTIFIED COPY OF THE ORDER DATED 24-02-2023 IN IN CMP NO. 938/2021 BEFORE JUDICIAL FIRST CLASS MAGISTRATE II, NEDUMANGAD Annexure-IX A TRUE COPY OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 30-07-2023 Annexure-X A TRUE COPY OF THE JUDGMENT DATED 22-06-2023 IN O.P. (FC) NO. 193 OF 2023 OF THIS HON'BLE COURT