Kerala High Court
Sanjith vs State Of Kerala on 18 January, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
TH
THURSDAY, THE 18
DAY OF JANUARY 2024 / 28TH POUSHA, 1945
CRL.MC NO. 11222 OF 2023
CRIME NO.105/2021 OF VALAPPATANAM POLICE STATION, KANNUR
CC 44/2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,
KANNUR
PETITIONER/ACCUSED:
ANJITH, AGED 42 YEARS,
S
S/O. PADMANABHAN, RESIDING AT FLAT NO-3D, ASSET GRANDSTAND,
HIGHWAY JUNCTION, BALIAPATTAM, CHIRAKKAL,
KANNUR, PIN - 670011
Y ADVS.
B
S.SUNIL KUMAR (PALAKKAD)
K.J.SUNIL
LEKSHMI S.SEKHER
JOHN PAX IGNATIUS
FEMY M.ANTONY
RESPONDENTS/STATE AND DEFACTO COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031. 2 SWEETY KRISHNAKUMAR, AGED 41 YEARS, W/O.KRISHNAKUMAR, RESIDING AT FLAT NO-8A, ASSET GRANDSTAND, HIGHWAY JUNCTION, BALIAPATTAM, CHIRAKKAL, KANNUR, PIN - 670011. R2 BY ADV RASMI NAIR . T PUBLIC PROSECUTOR SRI.PRASANTH M.P. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION N O 18.01.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C.No.11222/2023 2 O R D E R This Crl.M.C. under Section 482 of Cr.P.C. is at the instanceofthesoleaccusedinC.C.No.44of2022onthefile of Judicial First Class Magistrate Court-II, Kannur, for quashing Annexure-A final report, and all proceedings pursuant thereto. 2. The petitioner/accused stands charge-sheeted for offencespunishableunderSection354Dand506ofIPCand Section 120(o) of Kerala Police Act. 3. The prosecution allegation is that from 17.08.2020 onwards, the 2nd respondent/defacto complainant was constantlyfollowedbythepetitioneroverphoneandhewas harassing and threatening her. When the husband of the defacto complainant questioned him, the petitioner threatened to kill him, if he was not ready to send the defacto complainant with him. 4. The 2nd respondent/defacto complainant filed detailed objection to the effect that when the harassment andhumiliationreacheditszenith,sheshiftedherresidence Crl.M.C.No.11222/2023 3 to another apartment along with her husband and children, andthepetitioner,tocontinuehisharassment,purchasedan apartment in the apartment complex where the defacto complainant was residing with her family,andcontinuedhis threatening and harassment, towards her and her husband. 5. When the harassment became unbearable, she approached the Police and lodged the complaint. She strongly opposed the prayer of the petitioner to quash Annexure-A final report andtheproceedingspendingbefore Judicial First ClassMagistrateCourt-II,Kannur,inC.C.No.44 of 2022. 6.Learnedcounselforthepetitionerwouldsubmitthat the allegations made by the defacto complainant are not sufficient to prove the ingredients of an offence punishable underSection354DofIPC.Accordingtohim,thecontactor attempt tocontactshallbemadewithaviewtooutragethe modesty of a woman, and unless that factor is proved, it cannot be said that an offence under Section 354D of IPC was made out. Crl.M.C.No.11222/2023 4 7. The allegations levelled against the petitioner, the intention with which he contacted or followed the defacto complainant etc. are matters, which require evidence. 8. Learned counsel for the 2nd respondent/defacto complainantwouldsubmitthatstillsheisfacingharassment from the part of the petitioner, and hence she requests for an early trial of the case. 9. In this factual scenario, this Court is not inclined to quashAnnexure-Afinalreportandtheproceedingspursuant thereto, pending before Judicial First Class Magistrate Court-II, Kannur, as C.C.No.44 of 2022. In the result, the Crl.M.C. is dismissed. The Judicial First Class Magistrate Court-II, Kannur, shall proceed with the trial in C.C.No.44 of 2022 and dispose it of as early as possible. Sd/- SOPHY THOMAS JUDGE DSV/- Crl.M.C.No.11222/2023 5 APPENDIX OF CRL.MC 11222/2023 PETITIONER'S ANNEXURES : Annexure A HE CERTIFIED COPY OF THE FINAL REPORT IN CC NO-44 T OF 2022 ON THE FILES OF HONBLE JUDICIAL FIRST CLASS MAGISTRATE COURT-II KANNUR. RESPONDENTS' ANNEXURES :
NIL