Kerala High Court
Aswathi vs State Of Kerala on 24 October, 2024
2024:KER:79550
CRL.MC NO. 8341 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
THURSDAY, THE 24TH DAY OF OCTOBER 2024/2ND KARTHIKA, 1946
CRL.MC NO. 8341 OF 2024
CRIME NO.1999/2020 OF ATTINGAL POLICE STATION,
THIRUVANANTHAPURAM
CC NO.93 OF 2021 OF JUDICIAL MAGISTRATE OF FIRST
CLASS-I, ATTINGAL
PETITIONERS/ACCUSED:
ASWATHI
AGED 24 YEARS
D/O SANTHAKUMARY, KALLANVILA VEEDU,
NEAR BROTHER'S LIBRARY, KAIPATHUMUKU,
CHITATINKARA, AVANAVANCHERY VILLAGE,
ATTINGAL,
THIRUVANANTHAPURAM DISTRICT, PIN - 695101
BY ADV M.ABDUL RASHEED
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER
ATTINGAL POLICE STATION,
ATTINGAL P.O.,
THIRUVANANTHAPURAM DISTRICT, PIN - 695101
3 SANTHAKUMARI
AGED 57 YEARS
D/O APPUKUTTAN PILLAI,
KALLANVILA VEEDU, KAIPPATUMUKKU,
AVANAVANCHERI.P.O., ATTINGAL,
THIRUVANANTHAPURAM DISTRICT, PIN - 695303
BY ADV A.MUHAMMED HASHIM
SRI. M P PRASANTH, PUBLIC PROSECUTOR
2024:KER:79550
CRL.MC NO. 8341 OF 2024
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THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 24.10.2024, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
2024:KER:79550
CRL.MC NO. 8341 OF 2024
3
ORDER
Dated this the 24th day of October, 2024 This Criminal Miscellaneous Case has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash Annexure A1 FIR, Annexure A2 Final Report and all further proceedings in C.C.No.93/2021 on the files of the Judicial First Class Magistrate Court-I, Attingal, arose out of Crime No.1999/2020 of Attingal Police Station, Thiruvananthapuram. The petitioner herein is the sole accused in the above case.
2. Heard the learned counsel for the petitioner, the learned counsel appearing for the de facto complainant and the learned Public Prosecutor.
3. In this matter, offence punishable under Section 317 of the Indian Penal Code as well as under Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as ' the JJ Act', for short) is alleged to have been committed by the accused.
2024:KER:79550 CRL.MC NO. 8341 OF 2024 4
4. It is submitted that the matter has been amicably settled and the de facto complainant filed affidavit in this regard. In the affidavit, the defacto complainant stated that she has no subsisting grievance against the petitioner.
5. The learned Public Prosecutor also submitted that the matter has been settled between the parties and statement of the de facto complainant to that effect has been recorded.
6. In this matter, even though offence under Section 75 of the JJ Act is also alleged, the prosecution records would suggest that at the time when the accused left home, the minor was entrusted with the custody of the grandmother. Therefore, offence under Section 75 of the JJ Act is not made out prima facie. Since the dispute has been settled in between the parties, there is no reason to disallow the prayer for quashment, so as to facilitate peaceful living of the parties hereinafter. Therefore, in the interest of justice, I am inclined to allow this petition.
2024:KER:79550 CRL.MC NO. 8341 OF 2024 5 In the result, this petition stands allowed and Annexure A1 FIR, Annexure A2 Final Report and all further proceedings in C.C.No.93/2021 on the files of the Judicial First Class Magistrate Court-I, Attingal, arose out of Crime No.1999/2020 of Attingal Police Station, Thiruvananthapuram, as against the petitioner stand quashed.
Sd/-
A. BADHARUDEEN JUDGE nkr 2024:KER:79550 CRL.MC NO. 8341 OF 2024 6 APPENDIX OF CRL.MC 8341/2024 PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF THE F.I.R. IN CRIME NO.1999/2020 OF ATTINGAL POLICE STATION, THIRUVANANTHAPURAM DISTRICT DATED 22.9.2020 ANNEXURE A2 TRUE PHOTOCOPY OF THE FINAL REPORT DATED 22.10.2020 IN C.C. NO.93/2021 NOW PENDING ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT- I, ATTINGAL ALONG WITH THE STATEMENT OF THE WITNESSES, MAHAZAR ANNEXURE A3 ORIGINAL AFFIDAVIT DATED 5.10.2024 SWORN BY THE 3RD RESPONDENT/DE-FACTO COMPLAINANT RESPONDENTS ANNEXURES : NIL