Allowed

Mukesh v. State of Kerala

Kerala HC18 Dec 2015Crl.MC/7244/2015

Case brief

AI extract

What is this about?

In a criminal misc. case, the High Court allowed a petition seeking to quash prosecution under Sections 366(A) and 376 IPC involving a minor. The Court quashed the proceedings upon satisfaction that the accused and victim had settled the dispute amicably and were legally married.

What did the court decide?

The prosecution against the petitioners in S.C.No.521/2014 of the Court of Session, Manjeri is quashed.

Mukesh Vs State of Kerala — Cheating and Forgery | Kerala HC (2015)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE P.UBAID

¶4

FRIDAY, THE 18TH DAY OF DECEMBER 2015/27TH AGRAHAYANA, 1937

¶5

Crl.MC.No. 7244 of 2015 ()

¶6

SC 521/2014 of SESSIONS COURT, MANJERI CRIME NO. 449/2013 OF VALANCHERY POLICE STATION , MALAPPURAM DISTRICT ============

¶7

PETITIONERS/ACCUSED NOS.1,2 AND 3:

¶8

1. MUKESH, AGED 25 YEARS PAVITRA NIVAS, KAKKANAM MARAYAMUTTOM P.O THIRUVANANTHAPURAM.

¶9

2. SHALU, AGED 21 YEARS S/O.NELSON, THEKKEPUTHAN VEEDU MARAYAMUTTOM PO, NEYYATTINKARA THIRUVANANTHAPURAM.

¶10

3. ANITHAKUMARI, AGED 33 YEARS ASHARIVILAKAM HOUSE, KERALADITHYAPURAM PADIKONAM P.O, THIRUVANANTHAPURAM.

¶11

BY ADV. SMT.NIMA JACOB

¶12

RESPONDENT/COMPLAINANT:

¶13

1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 682 031.

¶14

2. ROMIJA, W/O.MUKESH PAVITRA NIVAS, KAKKANAM, MARAYAMUTTOM P.O THIRUVANANTHAPURAM - 695 124.

¶15

R2 BY ADV. SRI.M.J.VINOD R1 BY PUBLIC PROSECUTOR SMT. JUSTIN JACOB

¶16

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶17

Crl.MC.No. 7244 of 2015 ()

¶18

APPENDIX

¶19

PETITIONERS' EXHIBITS

¶20

ANNX.A1 -	TRUE COPY OF FINAL REPORT IN CRIME NO.449/2013 OF VALANCHERRY POLICE STATION
ANNX.A2 -	TRUE COPY OF THE FIR IN CRIME NO.449/2013 OF VALANCHERRY POLICE STATION.
ANNX.A3 -	TRUE COPY OF THE LETTER WRITTEN BY THE 2ND RESPONDENT.
ANNX.A4 -	TRUE COPY OF THE MARRIAGE CERTIFICATE OF THE 1ST PETITIONER AND 2ND RESPONDENT.
ANNX.A5 -	TRUE COPY OF THE AFFIDAVIT SIGNED BY THE 2ND RESPONDENT.

¶21

RESPONDENTS' EXHIBITS

¶22

NIL

¶23

/// TRUE COPY // P.A. TO JUDGE

¶24

¶25

P. UBAID, J.

¶26

Crl.M.C.No.7244 of 2015

¶27

Dated this the 18^th day of December, 2015

¶28

O R D E R

¶29

The petitioners herein are the three accused in S.C.No.521/2014 of the Court of Session, Manjeri, involving the offences under Sections 366(A) and 376 IPC. The 2^nd respondent herein is the victim of offence, on whose complaint the case was registered. The crime happened to be registered when she eloped with the first petitioner herein with the object of getting married. The victim was below 18 years of age on the said date. Now, the petitioners seek orders quashing the prosecution on the basis of amicable settlement made by the parties out of court. The first petitioner has married the victim of offence in terms of the settlement.

¶30

In so many decisions, the Honourable Supreme Court has held that even in cases involving non-compoundable offences, the High Court can quash the prosecution, if the parties have come to terms amicably, and continuance of the prosecution will not serve any purpose. The petitioners have produced copy of the marriage certificate. I am well satisfied that the victim of offence is the

¶31

¶32

Crl.M.C.. No. 7244/2015

¶33

legally wedded wife of the first petitioner. In such a situation, if the prosecution continues, it will cause embarrassment to them and such a course may even defile their happy matrimony. On a perusal of the materials, I find that everything that happened between them was purely consensual. Any way, they have now become man and wife, and the whole dispute stands resolved. It is appropriate that the present prosecution be quashed.

¶34

In the result, this petition is allowed. The prosecution against the petitioner in S.C.No.521/2014 of the Court of Session, Manjeri is quashed under Section 482 Cr.P.C.

Sd/-

P. UBAID, JUDGE

// True Copy // P.A. to Judge

Mukesh v. State of Kerala

Case brief

What is this about?

What did the court decide?

Mukesh v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

K.Thankamma Vs State of Kerala

J.Joseph Francis @ Boban Vs State of Kerala

Vineesh Vs State of Kerala

Manu M Vs State of Kerala

Ponnappan Vs State of Kerala

Mahmood C.H Vs State of Kerala