Kerala High Court
Xxxxxx vs State Of Kerala on 1 November, 2024
CRL.MC NO. 412 OF 2024 1 2024:KER:81392
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
FRIDAY, THE 1ST DAY OF NOVEMBER 2024 / 10TH KARTHIKA, 1946
CRL.MC NO. 412 OF 2024
CRIME NO.334/2022 OF VALLIKUNNAM POLICE STATION, ALAPPUZHA
SC NO.899 OF 2023 OF FAST TRACK SPECIAL COURT,
CHENGANNUR
PETITIONER/ACCUSED:
XXXXXXXXXX
XXXXXXXXXX
BY ADV M.R.SASITH
RESPONDENTS/STATE/DE FACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 XXXXXXXXXX
XXXXXXXXXX
R1 BY SR.PUBLIC PROSECUTOR SRI.VIPIN NARAYAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
01.11.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 412 OF 2024 2 2024:KER:81392
ORDER
Dated this the 1st day of November, 2024 This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, by the petitioner, who is the sole accused in C.C.No.876/2022 on the files of the Judicial First Class Magistrate Court-1, Kayamkulam, now pending as S.C.No.899/2023 before the Fast Track Special Court, Chengannur, arose out of Crime No.334/2022 of Vallikunnam police station, Alappuzha, and the prayer herein is as under:
(i) To Quash Ann-A2 Final Report in CC No. 876/2022 filed before the Hon'ble Judicial First-
Class Magistrate Court-1, now pending as SC No. 899/2023 before the Hon'ble Special Judge Fast Track Special Court at Chengannoor and to set- aside all further proceedings pursuant thereto the same, and also to grant such other relief's this Hon'ble Court may deem fit and proper in the interest of justice.
2. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor. Perused the relevant records.
3. In this matter, the prosecution alleges commission of offences punishable under Sections 323 and 324 of the Indian CRL.MC NO. 412 OF 2024 3 2024:KER:81392 Penal Code and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015. The specific allegation is that, while the accused, who is the father of 9 year old minor victim, was holding custody of the minor victim, as per the order of the court on 2.4.2022, beat on the head of the victim with his hand and beat on both his legs and left fore-arm by using hangers and also beat him below his left knee, by using a piece of furniture (reep), and thereby, the minor victim sustained injuries. This is the base, on which, the prosecution alleges commission of the above offences.
4. Although it is submitted by the learned counsel for the petitioner that the petitioner is innocent and the allegations are false, the learned Public Prosecutor pointed out that the prosecution records and the statements of the victim and witnesses would show that primary materials are made out to see commission of the above offences, by the accused.
5. On perusal of the records, as pointed out by the learned Public Prosecutor, there is specific allegation that, while the accused, who is the father of 9 year old minor victim, was holding custody of the minor victim, as per the order of the court on 2.4.2022, beat on the head of the victim with his hand and beat on both his legs and left fore-arm by using hangers and also beat him CRL.MC NO. 412 OF 2024 4 2024:KER:81392 below his left knee, by using a piece of furniture (reep), and thereby, the minor victim sustained injuries. That apart, the prosecution is supported by medical records as well. Therefore, quashment sought for in such a case, cannot be considered.
In such view of the matter, this petition is liable to fail and accordingly, the same stands dismissed.
The interim order of stay granted by this Court, stands vacated.
Registry is directed to forward a copy of this order to the jurisdictional Court, for information and further steps.
Sd/-
A. BADHARUDEEN JUDGE Bb CRL.MC NO. 412 OF 2024 5 2024:KER:81392 APPENDIX OF CRL.MC NO. 412 OF 2024 PETITIONER'S ANNEXURES ANNEXURE A1 THE TRUE COPY OF FIR IN CRIME NO.334/2022 OF VALLIKUNNAM POLICE STATION DATED 27.6.2022 ALONG WITH FIS ANNEXURE A2 TRUE COPY OF FINAL REPORT IN CC NO.876/2022 PENDING BEFORE THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT-1 DATED 25.07.2022 ANNEXURE A3 THE TRUE COPY OF THE SUMMONS RECEIVED BY THE PETITIONER IN SC NO.899/2023 BEFORE THE HON'BLE SPECIAL JUDGE FAST TRACK SPECIAL COURT AT CHENGANNOOR DATED 6.12.2023 ANNEXURE A4 THE TRUE COPY OF THE COMPROMISE DECREE PASSED BY FAMILY COURT KOLLAM IN OP(G&W) NO.149/2017 AND CONNECTED CASES DATED 27.5.2017 ANNEXURE A5 THE TRUE COPY OF ORDER IN IA NO.3276/2019 IN IP (G&W) NO.1271/2019 BEFORE FAMILY COURT, KOLLAM ANNEXURE A6 THE TRUE COPY OF COMPROMISE DECREE EXECUTED BETWEEN THE PETITIONER AND THE 2ND RESPONDENT IN OP(G&W) NO.1271/2019 DATED 7.12.2020 ANNEXURE A7 THE TRUE COPY OF OP (G&W) NO.69/2022 FILED BEFORE THE HON'BLE FAMILY COURT AT KOLLAM DATED MARCH, 2023 ANNEXURE A8 THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE DIRECTORATE OF GENERAL EDUCATION TO THE PETITIONER RESPONDENTS' ANNEXURES : NIL