Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS FRIDAY, THE 30TH DAY OF OCTOBER 2020 / 8TH KARTHIKA, 1942 Crl.MC.No.993 OF 2020(D) AGAINST THE ORDER IN C.C.NO.757/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, PONNANI CRIME NO.203/2018 OF CHANGARAMKULAM POLICE STATION, MALAPPURAM PETITIONERS:
1 AJEESH AGED 26 YEARS, S/O. KESAVAN, CHIRAKKALPADI HOUSE, P. O. PALAPPURAM, PALAPPURAMKAVU, VELLARANIKODE, OTTAPALAM TALUK, PALAKKAD DISTRICT. 2 BINCY AGED 32 YEARS, W/O. RAMESH, MATHASSERI HOUSE, P. O. PALAPPURAM, 19TH MILE, S.R.K. NAGAR, OTTAPALAM TALUK, PALAKKAD DISTRICT. 3 SAJEEV AGED 24 YEARS, S/O. MOHANAN, CHETTARIYIL HOUSE, CHOROTTUR P. O., NEAR CHOROTTURKAVU, OTTAPALAM TALUK, PALAKKAD DISTRICT. 4 ANILKUMAR AGED 22 YEARS, S/O. PUSHPANGATHAN, PALAKKAD PUTHANVEEDU HOUSE, CHOROTTUR P. O., NEAR CHOROTTUR SREEKURUMBA TEMPLE, OTTAPALAM TALUK, PALAKKAD DISTRICT. 5 MURALEEDHARAN AGED 38 YEARS, S/O. MUTHU, KOLKKATTIL HOUSE, AKALUR P. O., NEAR OLD MILK SOCIETY, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.P.JAYARAM
RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, Crl.MC.No.993 OF 2020(D) 2 HIGH COURT OF KERALA, ERNAKULAM - 682 031. 2 SREELAKSHMI N. AGED 19 YEARS, D/O. LATE MURALEEDHARAN, W/O. AJEESH, NALAMKULANGARA HOUSE, MULANJUR P. O., OTTAPALAM TALUK, PALAKKAD DISTRICT - 679 511. *ADDL R 3 SHEENA AGED 40 YEARS, D/O VELAYUDHAN, NALAMKULANGARA HOUSE, MULANJUR P.O, OTTAPALAM TALUK, PALAKKAD DISTRICT -679511. *(ADDL.R3 IMPLEADED AS PER ORDER DATED 25.08.2020 IN CRL.M.A. NO.2/2020) R2 BY ADV. AKHIL P OTHER PRESENT: SRI.B.JAYASURYA, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 30.10.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No.993 OF 2020(D) 3
ALEXANDER THOMAS, J.
------------------------------------------- Crl.M.C. No.993 of 2020 (D) ---------------------------------------------- Dated this the 30th day of October, 2020
ORDER
The prayers in the aforecaptioned Criminal Miscellaneous case filed under Sec.482 of the Cr.P.C. are as follows :- "i) Quash Annexure A2 final report; ii) Quash all further proceedings in C.C. No.757/2018 on the files of Judicial First Class Magistrate, Ponnani.”
2. Heard Sri.P.Jayaram, learned counsel appearing for
the petitioners (accused), Sri.B.Jayasurya, learned Public Prosecutor appearing for R1-Staate of Kerala and Sri.P.Akhil, learned counsel appearing for R2(lady victim). Though additional 3rd respondent (mother of the 2nd respondent- victim) has been duly served notice in this case, she has not entered appearance in this matter.
3. The case arises out of Annexure-A1 FIR in Crime
No.203/2018 of Changaramkulam Police Station, Malappuram which is initially registered under Sec. 57 of the Kerala Police Act as a ‘man-missing case’ due to the alleged missing of the 2nd respondent-lady victim on 10.8.2018 on the basis of the Crl.MC.No.993 OF 2020(D) 4
first information conveyed by the 3rd respondent(mother of the 2nd respondent). Later, the Police found that the 2nd respondent-victim was in the company of the 1st petitioner/accused and that he was aided and assisted in that regard by the other accused persons and accordingly, the Police altered the offences in Annexure-A1 Crime No.203/2018 of Changaramkulam Police Station so as to include therein offence as per Sec.363 of the IPC. The Police after investigation has filed Annexure-A2 final report/charge sheet in Crime No.203/2018 of Changaramkulam Police Station, which has now led to the pendency of calendar case CC No.757/2018 on the file of the Judicial First Class Magistrate Court, Ponnani for the said offence as per Sec.363 of the IPC, in which all the 5 petitioners herein have been arrayed as the 5 accused persons therein.
4. Additional 3rd respondent is the mother of the 2nd
respondent. It appears that the 2nd respondent was born in the marital relationship between the 3rd respondent and her first husband. Later, first husband of the 3rd respondent had died and she has re-married another person. Further, even according to the prosecution, the date of birth of the 2nd respondent is 17.8.2000. The incident in question happened on 10.8.2000 at
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a time, when she was hardly a week short of attaining the majority age of 18 years. The case of the petitioners is to the effect that the 2nd respondent was quite unhappy in the way she was being treated by the 3rd respondent and her new husband as she was not getting necessary love and affection. Later, the 2nd respondent had developed intimacy and love affair with the 1st petitioner, who was then aged 24 years. That when the 3rd respondent and her husband had arranged a marriage proposal for the 2nd respondent, it was totally to the dislike of the 2nd respondent and she was not prepared to marry the person suggested by the 3rd respondent and her husband. That thereupon, the 2nd respondent had voluntarily gone along with the 1st petitioner on 10.8.2018. Later, the 2nd respondent had completed the majority age of 18 years on 17.8.2018. Thereafter, the marriage between the 1st petitioner and the 2nd respondent was solemnized as per the Hindu rites and customary practices in accordance with the Hindu Marriage Act and the marriage was so solemnized on 18.8.2018 in a Hindu Temple. Annexure-A4 is the marriage certificate issued by the Local Registrar of Marriages under Rule 11(1) of the Kerala Registration of Marriages (Common) Rules, 2008, which
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has certified that the marriage between the 1st petitioner and the 2nd respondent has been solemnized on 18.8.2008 at Sree Kalikkavu Bhagavathy Temple, Mankara. Annexure-A4 marriage registration certificate which has been issued by the notified Local Registrar, who is the Secretary of the local body or authority concerned and who also happens to be the ex- officio Registrar of Births and Deaths. That the date of birth of the 2nd respondent is 17.8.2000, which would show that the 2nd respondent has completed the majority age of 18 years on 17.8.2018.
5. Later, the 3rd respondent had filed a writ of habeas
corpus as W.P.Crl.No. 359/2018 before the Division Bench of this Court alleging that the petitioner and the other accused persons have forcefully abducted the 2nd respondent herein against her will and without her consent and that they are illegally having the custody of 2nd respondent in their wrongful confinement and that the prerogative writ of habeas corpus may be issued by this Court under Article 226 of the Constitution of India so as to release the 2nd respondent herein. The 2nd respondent herein was produced in person before the Division Bench of this Court by the Police authorities concerned in
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W.P.Crl.No.359/2018 and the Division Bench of this Court had a detailed interaction with the 2nd respondent and she had then told the Division Bench of this Court on 12.9.2018 that she had voluntarily gone with the 1st petitioner herein, who is R4 in the said W.P.Crl. and that her marriage with the 1st petitioner herein (R4 therein) has also been duly solemnized in accordance with the Hindu Marriage Act and has been registered as evident from the Marriage Registration Certificate etc.
6. Accordingly, the Division Bench of this Court had
passed a detailed order on 12.9.2018 in the said W.P.Crl. No.359/2018 and had found that there is no merit in the allegations raised by the 3rd respondent herein in the said writ proceedings of habeas corpus. However, by way of abundant caution, the Division Bench of this Court directed that a copy of the marriage registration certificate should also be produced before the Division Bench and had kept the said habeas corpus proceedings pending. Later, a copy of the marriage registration certificate as per Annexure-A4 herein was produced before the Division Bench of this Court and this Court had then passed Annexure-A6 judgment dated 9.10.2018 dismissing the W.P.Crl.
Crl.MC.No.993 OF 2020(D) 8 No.359/2018 filed by R3 herein by placing reliance on the grounds of rejection in the detailed order dated 12.9.2018 passed by this Court in the same W.P.Crl. and also recorded the issuance of the marriage registration certificate as aforesaid.
7. Sri.P.Akhil, learned counsel appearing for R2 herein
would submit that R2 herein has filed Annexure-A5 affidavit dated 1.2.2020 dealing with these factual aspects and stating that she had gone voluntarily along with the 1st petitioner on account of the situation in her house and that later, her marriage with the 1st petitioner was duly solemnized and that she is now leading a happy married life with the 1st petitioner herein, who is her husband and that the impugned criminal proceedings in this case may be quashed etc.
8. The factual aspects that the 2nd respondent had
voluntarily gone along with the 1st petitioner on 10.8.2018 and that later, her marriage with the 1st petitioner has been duly solemnized as evident from Annexure-A4 marriage registration certificate etc. has already been found to be correct by the Division Bench of this Court in the detailed order dated 12.9.2018 passed in W.P.Crl. No.359/2018 filed by none other than R3 herein about the references made in Annexure-A6
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judgment. The Division Bench of this Court after interacting with the 2nd respondent found that she had gone along with the 1st petitioner on her own volition and that she has already married the 1st petitioner and accordingly, had passed Annexure-A6 judgment dated 9.10.2018 per se dismissing the pleas for habeas corpus made in W.P.Crl. No. 359/2018. The 2nd petitioner herein (A2) is the sister of the 1st petitioner (A1) and the 3rd to 5th petitioners herein are the friends of the 1st petitioner herein.
9. Taking into account the factual aspects of this case, more particularly those evident from the writ proceedings for
habeas corpus, which has culminated in the detailed order
dated 12.9.2018 rendered by the Division Bench of this Court after interaction with the 2nd respondent and the subsequent Annexure-A6 judgment dated 9.10.2018 dismissing W.P.Crl. No. 359/2018 etc. and taking into account the affidavit sworn to as per Annexure-A5 by none other than the 2nd respondent, this Court is of the considered view that the continuance of the impugned criminal proceedings would be nothing, but an abuse of the process of the court and would amount to mere wastage of the precious resources and time of the judicial organs of
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the State as well as the prosecution, police and investigation machineries. Hence, this Court is of the considered view that the plea for quashment could be considered in this case. In that view of the matter, it is ordered that the impugned Annexure- A2 final report/charge sheet filed in Annexure-A1 Crime No.203/2018 of Changaramkulam Police Station, which has now led to the pendency of calendar case CC No.757/2018 on the file of the Judicial First Class Magistrate Court, Ponnani, as against the petitioners herein (accused persons therein) and all further proceedings emanating therefrom as against the petitioners herein (accused persons therein) will stand quashed and set aside.
10. The petitioners will produce certified copies of this
order before the investigating officer as well as the Judicial First
Class Magistrate Court, Ponnani for necessary information and further action. With these observations and directions, the above Criminal Miscellaneous Case will stand finally disposed of. Sd/- ALEXANDER THOMAS, JUDGE Skk//10112020 Crl.MC.No.993 OF 2020(D) 11
APPENDIX PETITIONERS’EXHIBITS: ANNEXURE A1 COPY OF THE FIRST INFORMATION REPORT AND FIRST INFORMATION STATEMENT IN CRIME NO.203/2018, OF CHANGARAMKULAM POLICE STATION. ANNEXURE A2 COPY OF THE FINAL REPORT/CHARGE SHEET IN CRIME NO.203/2018, OF CHANGARAMKULAM POLICE STATION/CC NO.757/2018 OF JUDICIAL FIRST CLASS MAGISTRATE, PONNANI. ANNEXURE A3 COPY OF THE LIST OF WITNESSES/MEMORANDUM OF EVIDENCE IN THE CASE DAIRY/FINAL REPORT IN CRIME NO.203/2018, OF CHANGARAMKULAM POLICE STATION. ANNEXURE A4 COPY OF THE CERTIFICATE OF MARRIAGE DATED 25.9.2018 IN PROOF OF THE MARRIAGE BETWEEN PETITIONER AND THE 2ND RESPONDENT. ANNEXURE A5 AFFIDAVIT DATED 1.2.2020 SWORN TO AND EXECUTED BY 2ND RESPONDENT/VICTIM. ANNEXURE A6 TRUE COPY OF THE JUDGMENT DATED 9.10.2018 IN W.P.(CRL) NO.359/2018, HIGH COURT OF KERALA.
RESPONDENTS’EXHIBITS: NIL