Sreejish vs Victim

Type Court Judgment Court Kerala Orders Decided Nov 29, 2021

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Citation: sooperkanoon.com/1671758
Court: Kerala Orders High Court
Judge: Honourable Mrs. Justice M.R.Anitha
Decided On: Nov 29, 2021
Case Number: Crl.MC/4065/2020

Parties & Advocates

Appellant / Petitioner

Sreejish

Respondent

Victim

Excerpt

.....crime no.699/2018 of vadakkencherry police station petitioners/accused nos. 1 and 2: 1 sreejish aged 25 years s/o. sreedharan, mannoor house 2 babu, aged 54 years, s/o. narayanan, mannoor house, by adv v.a.johnson (varikkappallil) respondents/defacto complainant and state:1 victim x 2 state of kerala represented by public prosecutor, high court of kerala, ernakulam - 682031 by adv unni sebastian kappen this criminal misc. case having come up for admission on 29.11.2021, the court on the same day passed the following:orderthis crl.m.c. has been filed seeking to quash the entire further proceedings against the petitioners/accused no.1 and 2 in s.c.no.753/2019 on the file of first additional sessions court, palakkad, arising out of crime no.699/2018 of vadakkencherry police station, which is registered for the offences punishable u/s.363, 376(2)(n), 212 r/w.34 ipc and section 6 r/w.5(1), 21 r/w.19(1) of pocso act.2. when the case came up for hearing, the learnedcounsel for the petitioners submitted that the trial is already over and the case is posted for judgment. hence, this crl.m.c. is not pressed. accordingly, the crl.m.c. is dismissed as not pressed. sd/- m.r.anitha shg judge appendix of crl.mc 4065/2020 petitioner annexure annexure a certified copy of the final report in crimeno.699/2018 of vadakkancherry police station,palakkad district which is now pending as s.c.no.753/2019 of the court of first additional sessions court,palakkad. annexure b true copy of the birth certificate of the 1st respondent/victim girl dated 30.07.2016 issued by the alathur grama panchayat. annexure c true copy of the marriage certificate dated 31.10.2019 issued by the marriage registrar,palakkad municipality 31.10.2019 issued by the marriage registrar,palakkad municipality. annexure d the affidavit sworn by the 1st respondent herein evidencing the aforesaid factum of settlement. annexure e true copy of the order in crl.m.c.no.107/2020 of this hon'ble court dated 06.02.2020......

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE M.R.ANITHA MONDAY, THE 29TH DAY OF NOVEMBER 2021 / 8TH AGRAHAYANA, 1943 CRL.MC NO. 4065 OF 2020 AGAINST THE ORDER/JUDGMENT IN SC 753/2019 OF FIRST ADDITIONAL SESSIONS COURT, PALAKKAD CRIME NO.699/2018 OF VADAKKENCHERRY POLICE STATION PETITIONERS/ACCUSED NOS. 1 AND 2: 1 SREEJISH AGED 25 YEARS S/O. SREEDHARAN, MANNOOR HOUSE 2 BABU, AGED 54 YEARS, S/O. NARAYANAN, MANNOOR HOUSE, BY ADV V.A.JOHNSON (VARIKKAPPALLIL) RESPONDENTS/DEFACTO COMPLAINANT AND STATE:
1 VICTIM X 2 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682031 BY ADV UNNI SEBASTIAN KAPPEN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29.11.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

This Crl.M.C. has been filed seeking to quash the entire further proceedings against the petitioners/accused No.1 and 2 in S.C.No.753/2019 on the file of First Additional Sessions Court, Palakkad, arising out of crime No.699/2018 of Vadakkencherry Police Station, which is registered for the offences punishable u/s.363, 376(2)(n), 212 r/w.34 IPC and Section 6 r/w.5(1), 21 r/w.19(1) of POCSO Act.

2. When the case came up for hearing, the learned

counsel for the petitioners submitted that the trial is already over and the case is posted for judgment. Hence, this Crl.M.C. is not pressed. Accordingly, the Crl.M.C. is dismissed as not pressed. Sd/- M.R.ANITHA shg JUDGE APPENDIX OF CRL.MC 4065/2020 PETITIONER ANNEXURE ANNEXURE A CERTIFIED COPY OF THE FINAL REPORT IN CRIME

NO.699/2018 OF VADAKKANCHERRY POLICE STATION,PALAKKAD DISTRICT WHICH IS NOW PENDING AS S.C.NO.753/2019 OF THE COURT OF FIRST ADDITIONAL SESSIONS COURT,PALAKKAD. ANNEXURE B TRUE COPY OF THE BIRTH CERTIFICATE OF THE 1ST RESPONDENT/VICTIM GIRL DATED 30.07.2016 ISSUED BY THE ALATHUR GRAMA PANCHAYAT. ANNEXURE C TRUE COPY OF THE MARRIAGE CERTIFICATE DATED 31.10.2019 ISSUED BY THE MARRIAGE REGISTRAR,PALAKKAD MUNICIPALITY 31.10.2019 ISSUED BY THE MARRIAGE REGISTRAR,PALAKKAD MUNICIPALITY. ANNEXURE D THE AFFIDAVIT SWORN BY THE 1ST RESPONDENT HEREIN EVIDENCING THE AFORESAID FACTUM OF SETTLEMENT. ANNEXURE E TRUE COPY OF THE ORDER IN CRL.M.C.NO.107/2020 OF THIS HON'BLE COURT DATED 06.02.2020. ANNEXURE F TRUE COPY OF THE BIRTH CERTIFICATE DATED 13.7.2021 ISSUED FROM THE THRISSUR CORPORATION

Same Court & Year Kerala Orders · 2021 Same Parties Sreejish vs Victim Same Judge Honourable Mrs. Justice M.R.Anitha