Sudheesh v. Jisha, Abhirami and State of Kerala

1 Crl.M.C No.8868 of 2023 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` WEDNESDAY, THE 20[TH] DAY OF MARCH 2024 / 30TH PHALGUNA, 1945 CRL.MC NO. 8868 OF 2023 ``` ``` CRIME NO.115/2020 OF Palluruthy Police Station, Ernakulam AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1756 OF 2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,KOCHI PETITIONER/S: ``` ``` SUDHEESH AGED 24 YEARS S/O.MAYAN, KAREKKATTU PARAMBU HOUSE, AMBIKAPURAM.P.O, PALAKKAD DISTRICT, PIN - 678011 BY ADV RIA VARGHESE ``` ## **`RESPONDENT/S:`** |**`1`**|**`JISHA`**| |---|---| ||**`AGED 41 YEARS`**| ||**`W/O.RAJESH, PADANNAYIL VEEDU, KADEBHAGAM,`**| ||**`PALLURUTHY.P.O., ERNAKULAM DISTRICT, PIN - 682006`**| |**`2`**|**`ABHIRAMI`**| ||**`AGED 19 YEARS`**| ||**`D/O RAJESH PADANNAYIL VEEDU, KADEBHAGAM,`**| ||**`PALLURUTHY.P.O., ERNAKULAM DISTRICT, NOW RESIDING AT`**| ||**`KAREKKATTU PARAMBU, AMBIYAPURAM, PALAKKAD DISTRICT,,`**| ||**`PIN - 678011`**| |**`3`**|**`STATE OF KERALA`**| ||**`REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF`**| ||**`KERALA, PIN – 682031`**| ||**`SRI.C.S HRITHWIK, R3`**| ||**`SRI.JERRY PETER - R1 AND R2`**| ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20.03.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` 2 Crl.M.C No.8868 of 2023 ## **C.S.DIAS,J** ## **======================** ## **Crl.M.C No.8868 of 2023** ## **-----------------------------------** ## **Dated this the 20[th] day of March, 2024** ## **O R D E R** The petition is filed under Section 482 of the Code of Criminal Procedure,1973, to quash Annexures-A1 FIR, A2 - Final Report and all further proceedings in CC No.1756/2022 of the Judicial First Class Magistrate-I, Kochi. 2. The petitioner is the sole accused in crime No.115/2020 of the Palluruthy Police Station, Ernakulam, registered against him at the instance of the first respondent, for allegedly committing the offence punishable under Section 363 of the Indian Penal Code. 3. The gravamen of the prosecution case is that: on 9.3.2020 at around 13.00 hours, the accused kidnapped the 3 Crl.M.C No.8868 of 2023 second respondent – the daughter of the first respondent on the pretext of being in love with him and committed the above offence. 4. Heard; Smt.Ria Varghese., the learned counsel appearing for the petitioner, Sri.C.S Hrithwik, the learned Public Prosecutor and Sri.Jerry Peter, the learned counsel appearing for the respondents 2 and 3. 5. The learned counsel for the petitioner submitted that the subject matter in dispute between the petitioner and the respondents 2 and 3 has been amicably settled between the parties. The petitioner was in love with the second respondent. On the second respondent attaining majority, the petitioner and the second respondent got married. They are living together as husband and wife. It was only because the second respondent was a minor that the above crime was registered. The respondents 1 and 2 have executed Annexures A3 and A4 affidavits, stating that they have no subsisting grievance 4 Crl.M.C No.8868 of 2023 against the petitioner and have no objection in the proceedings being quashed. Hence, the petition may be allowed. 6. The learned Public Prosecutor, on instructions, submitted that the Investigating Officer has ascertained and reported that the subject matter in dispute between the parties has been settled. The Investigating Officer has reported that the petitioner and the second respondent have got married and are happily living together as husband and wife. The respondents 1 and 2 have voluntarily executed Annexures-A3 and A4 affidavits stating that they have no objection in the proceedings being quashed. 7. The learned counsel for the respondents 1 and 2 also submitted that it was only because the second respondent was a minor that the above crime was registered against the petitioner. Subsequent to the second respondent attaining majority, the petitioner and the second respondent have got married and are happily living together as husband and wife. 5 Crl.M.C No.8868 of 2023 The respondents 1 and 2 have voluntarily executed Annexures-A3 and A4 affidavits. 8. The Hon'ble Supreme Court in **Gian Singh vs. State of Punjab** [2012 (10) SCC 303] and **Prabatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and others vs. State of Gujarat and another** [(2017) 9 SCC 641] has held that in the facts and circumstances of a case and to secure the ends of justice, where the High Court is satisfied that an amicable settlement has been arrived at between the parties and the offence is not serious in nature involving mental depravity, criminal proceedings may be quashed. 9. In **xxx V. State & another** (Criminal Appeal Nos.394 - 395 of 2021), the Hon’ble Supreme Court, in a case of similar nature, has quashed the proceedings on the ground that the parties got married after the registration of the crime. A similar view has been taken by this Court in **Vishnu V. State of Kerala** [2023 (4) KHC 1]. 6 Crl.M.C No.8868 of 2023 10. After bestowing my anxious consideration to the peculiar facts and circumstances of the case, the rival submissions made across the Bar, and the materials on record, particular the fact that the petitioner and the second respondent are presently living together as husband and wife, that the respondents 1 and 2 have no subsisting grievance against the petitioner and that the second respondent has voluntarily executed Annexures A3 and A4 affidavits stating that they do not desire to prosecute the proceedings, I am satisfied that this is a fit case to exercise the inherent power of this Court under Section 482 of the Code, especially since now there is no public interest involved, the chances of conviction is remote, the continuation of the proceeding would only be wastage of judicial time and the settlement would augur harmony in society. Hence, I am inclined to allow the petition. 7 Crl.M.C No.8868 of 2023 In the result, the Crl.M.C is allowed by quashing Annexures-A1 FIR, A2 -Final Report and all further proceedings in CC No.1756/2022 of the Judicial First Class Magistrate-I, Kochi. The Crl.M.C is ordered accordingly. sd/- sks/20.3.2024 **C.S.DIAS, JUDGE** 8 Crl.M.C No.8868 of 2023 ## **`APPENDIX OF CRL.MC 8868/2023`** ``` PETITIONER ANNEXURES Annexure A1CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.115/2020 OF PALLURUTHY POLICE STATION DATED 09.03.2020 Annexure A2CERTIFIED COPY OF THE FINAL REPORT DATED 11.03.2020 IN C.C.NO.1756 OF 2022 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KOCHI ARISING OUT OF CRIME NO.115/2020 OF PALLURUTHY POLICE STATION Annexure A3TRUE COPY OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 20.10.2023 Annexure A4TRUE COPY OF THE AFFIDAVIT SWORN BY THE 1ST RESPONDENT DATED 20.10.2023 ```