Kerala High Court
Rajani vs State Of Kerala on 14 September, 2020
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
MONDAY, THE 14TH DAY OF SEPTEMBER 2020 / 23RD BHADRA, 1942
Crl.MC.No.7192 OF 2018(H)
AGAINST THE ORDER/JUDGMENT IN SC 1043/2013 OF ADDITIONAL DISTRICT
COURT & SESSIONS COURT (ATROCITIES & SEXUAL VIOLENCE AG
CRIME NO.829/2012 OF Cantonment Police Station ,
Thiruvananthapuram
PETITIONER/A1 & A2:
1 RAJANI
AGED 39 YEARS
D/O RATNAMMA, FLAT NO. 305,
RAJAJI NAGAR,THYCAUD VILLAGE,
THAMPANOOR, THIRUVANANTHAPURAM
2 SWAPNA
AGED 36 YEARS
D/O. SARASU, FLAT NO. 378,
RAJAJI NAGAR,THYCAUD VILLAGE,
THAMPANOOR, THIRUVANANTHAPURAM
BY ADV. SRI.SHAJIN S.HAMEED
RESPONDENT/STATE & CW1:
1 STATE OF KERALA
REPRESENTED BY THE INSPECTOR OF POLICE,
CANTONMENT POLICE STATION,
REPRESENTED THROUGH THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM- 682 031
2 BAIJU
S/O. ISAAC, FLAT NO. 541, RAJAJI NAGAR,
THYCAUD VILLAGE, THAMPANOOR,
THIRUVANANTHAPURAM,PIN CODE-695 014
BY ADV.
R2 BY ADV. SRI.C.D.ANIL (CHERUVIL)
R2 BY ADV. SRI.V.SHYAM
SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
14.09.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.7192 OF 2018(H)
2
ALEXANDER THOMAS, J.
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Cr.M.C.No.7192 of 2018
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Dated this the 14th day of September, 2020
ORDER
The prayers in the above Criminal Miscellaneous Case filed under Section 482 of the Cr.P.C. are as follows.
".... to quash Annexure-B final report and all further proceedings including Annexure-C order against the petitioners in S.C.No:1043/2013 on the file of the Additional Sessions Court For the Trial of Cases Relating to Atrocities and Sexual Violence against Woman and Children, Thiruvananthapuram."
2. Heard Sri.Shajin S. Hameed, learned counsel appearing for the petitioners and Sri. Saigi Jacob Palatty, learned Public Prosecutor appearing for R1 State of Kerala and Sri.C.D. Anil (Cheruvil), learned counsel appearing for contesting respondent No.2 (de facto complainant).
3. Petitioners herein have been arrayed as accused Nos.1 and 2 among the two accused in Sessions Case No.1043 of 2013 on the files of the Additional Sessions Court for trial of cases relating to Atrocities and Sexual Violence against Women and Children, Thiruvananthapuram for offence punishable under Section 305 read with Section 34 of IPC. The case arose on account of Annexure A FIR Crl.MC.No.7192 OF 2018(H) 3 in crime No.829 of 2012 of Thiruvananthapuram Cantonment Police Station. The case is registered under Section 174 of Cr.P.C. on account of the unnatural death of the minor daughter aged 16 years of the contesting respondent No.2. The Police after the investigation has later arrayed the petitioners herein as accused Nos.1 and 2 in the said crime for offences punishable under Section 305 read with Section 34 of the IPC. The Police after investigation has filed Annexure B final report / charge sheet in the instant case and the case was later committed to the Sessions Court wherein it is now pending as Sessions Case S.C.No.1043 of 2013 on the files of the above said Additional Sessions Court, Thiruvananthapuram. Later the Sessions Court has framed charges against the petitioners / accused on 18.05.2018 as per Annexure C order in this case and the case is now pending f0r trial.
4. The allegations raised in the impugned order proceedings are to the effect that the deceased minor victim girl aged 16 years who is a daughter of the 2nd respondent, the de facto complainant was having an affair with the minor son of the 1 st petitioner (A1) and that the 1st petitioner and the 2nd petitioner on coming to know of the frequent mobile conversations between the two minor children had admonished the minor victim girl using abusive language saying as follows:
Crl.MC.No.7192 OF 2018(H) 4 "വവാവയയെ നനീ ഫഫവാണണിൽ വണിളണിക്കുഫമവാടണി, വവാവയയെ ഫസ്നേഹണികവായതെ നണിനകക ചത്തു കൂയടയയെടണി"
and that this was done in the presence of CWs 2 to 6 and that the 1 st petitioner (A1) had poked at the cheek of the minor victim girl in the presence of everybody and that in the presence of persons in the above said colony where the parties are living. That immediately thereafter, the minor victim girl had rushed to her residence and closed her room and later she was immediately found hanging dead in her house which led to the registration of the above said FIR. The learned counsel for the petitioners has made various submissions that the impugned criminal proceedings including the framing of charges by the court as per Annexure C is liable to be quashed as even going by the admitted allegations of the prosecution, the same will not disclose the offence of abetment to commit suicide as per Section 305 of the IPC. In that regard, the learned counsel for the petitioners has made various submissions on the basis of decisions of the apex court as in Prabhu Chawla v. State of Rajasthan and Another [AIR 2016 SC 4245], S.S. Chheena v. Vijay Kumar Mahajan and Another [2010 (12) SCC 190] as well as in decision of this Court as in Mohandas @ Mohan P. v State of Kerala [2013(1) KLD 848], Cyriac v. S.I. of Police [2005 (3) KLT 673] etc. Per contra, the learned Public Crl.MC.No.7192 OF 2018(H) 5 Prosecutor would seriously oppose the plea of the petitioners for quashing the impugned Annexure C proceedings and would point out that prima facie the prosecution would lie and further that the petitioners can raise all the said contentions at the trial as now even the charges have already been framed and so even the stage of filing discharge application is over and petitioners have made the challenge belatedly on 26.10.2018 after the framing of the charges by the court as per Annexure C order dated 18.05.2018. Even though Annexure B final report / charge sheet was filed before the jurisdictional Magistrate Court concerned (Judicial First Class Magistrate Court - III, Thiruvananthapuram) as early as on 05.12.2012.
5. Further the Public Prosecutor would also point out that the nature of the facts and circumstances of the instant case would certainly disclose the strong element of public interest and that at this late stage this Court may not exercises extra ordinary discretion conferred under Section 482 of Cr.P.C. for quashing the impugned Annexure C order.
6. After hearing both sides, this Court is of the considered view that there is no necessity to consider contentions of the petitioners on merits. As now the charges have been framed in this case as Annexure C on 18.05.2018 and the matter is pending for trial Crl.MC.No.7192 OF 2018(H) 6 now and accordingly it is ordered that liberty is accorded to the petitioners to raise all their contentions before the Sessions Court concerned at the time of trial and all such contentions will be duly considered and adverted to by the Sessions Court, in accordance with law.
With these observations and directions the above Criminal Miscellaneous Case will stand disposed of.
Sd/-
ALEXANDER THOMAS JUDGE SCS Crl.MC.No.7192 OF 2018(H) 7 APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE-A PHOTOCOPY OF THE FIR IN CRIME
NO.829/2012 OF CANTONMENT POLICE STATION
ANNEXURE-B CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO.829/2012
ANNEXURE-C CERTIFIED COPY OF HE COURT CHARGE DATED
18.05.2018 OF THE ADDITIONAL SESSIONS
COURT FOR THE TRIAL OF CASES RELATING TO
ATROCITIES AND SEXUAL VIOLENCE AGAINST
WOMEN AND CHILDREN, THIRUVANANTHAPURAM
//TRUE COPY//
PA TO JUDGE