Kerala High Court
Parvathi vs State Of Kerala on 24 May, 2023
Author: K. Babu
Bench: K. Babu
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
WEDNESDAY, THE 24TH DAY OF MAY 2023 / 3RD JYAISHTA, 1945
CRL.MC NO. 2859 OF 2023
IN CRIME NO.265/2023 OF HOSDURG POLICE STATION, KASARGOD
PETITIONERS/ACCUSED 1 TO 3:
1 PARVATHI,
AGED 25 YEARS, D/O SELVARAJ,
DOOR NO. 23, MOONNAM MAIL, THOOTHUKKUDI P.O.,
THOOTHUKKUDI, TAMILNADU., PIN - 628001 (1ST ACCUSED)
2 NISHA,
AGED 28 YEARS, D/O SELVARAJ,
DOOR NO. 23, MOONNAM MAIL, THOOTHUKKUDI PO,
THOOTHUKKUDI, TAMILNADU, PIN - 628001 (2ND ACCUSED)
3 KALYANI,
AGED 38 YEARS, D/O SELVARAJ,
DOOR NO. 23, MOONNAM MAIL, THOOTHUKKUDI PO,
THOOTHUKKUDI, TAMILNADU, PIN - 628001 (3RD ACCUSED)
BY ADVS.
SRI.C.R.JAYAKUMAR
SMT.ABHIRAMI.R
RESPONDENTS/STATE/COMPLAINANT AND DEFACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 THE STATION HOUSE OFFICER,
HOSDURG POLICE STATION, HOSDURG PO,
KASARGODE DISTRICT, PIN - 671315
3 ROHINI,
AGED 49 YEARS,
W/O BHASKARAN, GENDER VALAPPU, BALLA, HOSDURG,
KASARGODE DISTRICT., PIN - 671315
BY ADV.
SRI.N.R.SANGEETHARAJ, PP
SRI.B.SIBI, R3
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
24.05.2023, ALONG WITH Crl.MC.2841/2023, 2849/2023, THE COURT ON
THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.NoS.2859, 2841 & 2849 of 2023
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
WEDNESDAY, THE 24TH DAY OF MAY 2023 / 3RD JYAISHTA, 1945
CRL.MC NO. 2841 OF 2023
IN CRIME NO.266/2023 OF HOSDURG POLICE STATION, KASARGOD
PETITIONERS/ACCUSED NOS. 1 TO 3:
1 PARVATHI,
AGED 25 YEARS, D/O SELVARAJ,
DOOR NO. 23, MOONNAM MAIL,
THOOTHUKKUDI PO, THOOTHUKKUDI,
TAMILNADU, PIN - 628001 (1ST ACCUSED)
2 NISHA,
AGED 28 YEARS, D/O SELVARAJ,
DOOR NO. 23, MOONNAM MAIL,
THOOTHUKKUDI PO, THOOTHUKKUDI,
TAMILNADU, PIN - 628001 (2ND ACCUSED)
3 KALYANI,
AGED 38 YEARS, D/O SELVARAJ,
DOOR NO. 23, MOONNAM MAIL,
THOOTHUKKUDI PO, THOOTHUKKUDI,
TAMILNADU, PIN - 628001 (3RD ACCUSED)
BY ADVS.
SRI.C.R.JAYAKUMAR
SRI.ABHIRAMI.R
RESPONDENTS/STATE & COMPLAINANTS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 THE STATION HOUSE OFFICER,
HOSDURG POLICE STATION, HOSDURG PO,
KASARGODE DISTRICT, PIN - 671315
3 BALAMANI,
AGED 55 YEARS, W/O AMBOONJI,
MUCHILOTT, KIZHAKKUMKARA, AJANNOOR,
Crl.M.C.NoS.2859, 2841 & 2849 of 2023
3
HOSDURG PO, KASARGODE DISTRICT,
PIN - 671315
BY ADVS.
SRI.SANAL P. RAJ, PP
SRI.B.SIBI, R3
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 24.05.2023, ALONG WITH Crl.MC.2859/2023 AND CONNECTED
CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.NoS.2859, 2841 & 2849 of 2023
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
WEDNESDAY, THE 24TH DAY OF MAY 2023 / 3RD JYAISHTA, 1945
CRL.MC NO. 2849 OF 2023
IN CRIME NO.1675/2022 OD HOSDURG POLICE STATION, KASARGOD
PETITIONERS/ACCUSED NOS. 1 TO 3:
1 PARVATHI,
AGED 25 YEARS, D/O SELVARAJ,
DOOR NO. 23, MOONNAM MAIL,
THOOTHUKKUDI PO, THOOTHUKKUDI,
TAMILNADU, PIN - 628001, (1ST ACCUSED)
2 NISHA,
AGED 28 YEARS, D/O SELVARAJ,
DOOR NO. 23, MOONNAM MAIL, THOOTHUKKUDI PO,
THOOTHUKKUDI, TAMILNADU, PIN - 628001, (2ND
ACCUSED)
3 KALYANI,
AGED 38 YEARS, D/O SELVARAJ,
DOOR NO. 23, MOONNAM MAIL, THOOTHUKKUDI PO,
THOOTHUKKUDI, TAMILNADU, PIN - 628001, (3RD
ACCUSED)
BY ADVS.
SRI.C.R.JAYAKUMAR
SRI.ABHIRAMI.R
RESPONDENTS/STATE & COMPLAINANTS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 THE STATION HOUSE OFFICER,
HOSDURG POLICE STATION, HOSDURG PO,
KASARGODE DISTRICT, PIN - 671315
3 CHOYICHI,
AGED 75 YEARS, W/O PAKKEERAN,
Crl.M.C.NoS.2859, 2841 & 2849 of 2023
5
POOTHAKKAL, MADIKKAI PO, KASARGODE DISTRICT,
PIN - 671314
4 PAVITHRAN,
AGED 52 YEARS, S/O PAKKEERAN,
POOTHAKKAL, MADIKKAI PO, KASARGODE DISTRICT,
PIN - 671314
BY ADV
SRI.N.R.SANGEETHARAJ, PP
SRI.B.SIBI, R3 & R4
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 24.05.2023, ALONG WITH Crl.MC.2859/2023 AND CONNECTED
CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.NoS.2859, 2841 & 2849 of 2023
6
K.BABU, J.
--------------------------------------
Crl.M.C.Nos.2859, 2841 & 2849 of 2023
---------------------------------------
Dated this the 24th day of May, 2023
ORDER
The petitioners are the common accused Nos. 1 to 3 in Crime Nos.1675/2022, 265/2023 and 266/2023 of Hosdurg Police Station, Kasargode. The above said crimes were registered alleging offence under Section 392 of IPC.
2. The learned public Prosecutor submitted that final reports have been submitted in the crimes alleging offences punishable under Sections 379 and 177 of IPC.
3. The learned counsel for the petitioners submitted that the victims are prepared to compound the offence alleged under Section 379 IPC. It is further submitted that the petitioners are also prepared to plead guilty in respect of the offence under Section 177 IPC. The learned counsel for the petitioners prayed for a direction to the Court below to dispose of the cases at the earliest.
4. The victims have filed affidavits stating that they are Crl.M.C.NoS.2859, 2841 & 2849 of 2023 7 prepared to settle the matter.
5. Having regard to the circumstances brought out, the Trial Court is directed to consider the plea of the victims to compound the offence under Section 379 of IPC and the prayer of the petitioners to plead guilty in respect of the offence under Section 177 IPC within a period of one month.
The Crl.M.Cs are disposed of as above.
Sd/-
K.BABU JUDGE VPK Crl.M.C.NoS.2859, 2841 & 2849 of 2023 8 APPENDIX OF CRL.MC 2841/2023 PETITIONER ANNEXURES Annexure A1 THE CERTIFIED COPY OF THE FIR NO.
266/2023 OF HOSDURG POLICE STATION, KASARGODE DATED 02.03.2023.
Annexure A2 THE AFFIDAVIT PREPARED BY THE 3RD RESPONDENT DATED 25/03/2023 Crl.M.C.NoS.2859, 2841 & 2849 of 2023 9 APPENDIX OF CRL.MC 2849/2023 PETITIONER ANNEXURES Annexure A1 THE CERTIFIED COPY OF THE FIR NO.
1675/2022 OF HOSDURG POLICE STATION, KASARGODE WITH ADDITIONAL REPORT DATED 30.12.2022.
Annexure A2 THE AFFIDAVIT PREPARED BY THE 3RD RESPONDENT DATED 25/03/2023 Annexure A3 THE AFFIDAVIT PREPARED BY THE 4TH RESPONDENT DATED 23/03/2023 Crl.M.C.NoS.2859, 2841 & 2849 of 2023 10 APPENDIX OF CRL.MC 2859/2023 PETITIONER ANNEXURES Annexure A1 THE CERTIFIED COPY OF THE FIR NO.
265/2023 OF HOSDURG POLICE STATION, KASARGODE WITH ADDITIONAL REPORT Annexure A2 THE AFFIDAVIT PREPARED BY THE 3RD RESPONDENT DATED 25/03/2023