Allowed

Vishnu v. State of Kerala

Kerala HC17 Aug 2017Crl.MC/5056/2017

Case brief

AI extract

What is this about?

In a criminal miscellaneous case regarding offences of abduction and sexual assault, the High Court of Kerala, relying on the fact of a subsisting marriage and cohabitation between the accused and the victim, exercised its inherent powers under Section 482 Cr.P.C. to quash the final report and further proceedings to meet the ends of justice.

What did the court decide?

Quashed the final report and further proceedings against the petitioner in S.C.No.976 of 2012.

Vishnu Vs State of Kerala — Matrimonial and Divorce | Kerala HC (2017)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

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THURSDAY, THE 17TH DAY OF AUGUST 2017/26TH SRAVANA, 1939

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Crl.MC.No. 5056 of 2017 ()

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SC 976/2012 of D.C.& SESSIONS COURT,PATHANAMTHITTA

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CRIME NO. 1019/2011 OF THIRUVALLA POLICE STATION, PATHANAMTITTA

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PETITIONER(S):

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VISHNU

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AGED 30 YEARS, S/O. VIJAYAN, PANACHIMOOTTIL HOUSE, VENPALA, THIRUVALLA.

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BY ADV. SRI.MVS.NAMBOOTHIRY

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RESPONDENT(S):

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

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2. VIMALA AIYKARADATHU MANJU BHAVAN, VENPALA VILLAGE, KUTTOOR MURI, THIRUVALLA TALUK, 689 101.

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R2 BY ADV. SRI.LALJI P.THOMAS R1 BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17-08-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 5056 of 2017 () ---------------------------

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APPENDIX

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PETITIONER(S)' EXHIBITS ----------------------ANNEXURE A1. COPY OF THE F.I STATEMENT. ANNEXURE A2. COPY OF THE FINAL REPORT. ANNEXURE A3. COPY OF THE MARRIAGE CERTIFICATE ISSUED BY THE VICAR OF THE CHURCH, AND DATED 31.5.17. ANNEXURE A4. COPY OF THE AFFIDAVIT SWORN TO BY THE DEFACTO COMPLAINANT. RESPONDENT'S EXHIBITS: NIL

//TRUE COPY//

P.A. TO JUDGE

STK

B. SUDHEENDRA KUMAR, J.

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-------------------------------Crl.M.C. No.5056 of 2017

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Dated this the 17^th day of August, 2017

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O R D E R

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The petitioner is the accused in S.C.No.976 of 2012 on

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the files of the court below. The offences alleged are the offences under Sections 366A and 376 IPC.

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Heard.

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It has been submitted by the learned counsel for

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the parties and the learned Public Prosecutor that the petitioner married the victim on 14.11.2013 in accordance with their customary rites and ever since they have been residing as husband and wife under one roof. The victim has filed affidavit stating that she married the petitioner on 14.11.2013 at St. Paul's Mar Thoma Syrian Church, Kallungal and presently, she is residing together with the petitioner and their child happily under one roof. Annexure-A3 is the copy of the marriage certificate issued from St. Paul's Mar Thoma Syrian Church, which would show that the petitioner

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Crl.M.C. No.5056 of 2017

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-: 2 :-

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married the victim on 14.11.2013 in accordance with their customary rites. It is stated in the affidavit that the petitioner is also known as Joseph Mathai. The name of the petitioner is mentioned in Annexure-A3 as Joseph Mathai. The second respondent, who is the mother of the victim, filed affidavit stating that the petitioner married the victim on 14.11.2013 in accordance with their customary rites. Since the petitioner had married the victim, if the petitioner is sent to jail, that will give more agony to the victim. In the said circumstances, I am inclined to quash the final report and further proceedings against the petitioner in S.C.No.976 of 2012 on the files of the court below, in exercise of the inherent power under Section 482 Cr.P.C., to meet the ends of justice and accordingly, I order so.

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In the result, this Crl.M.C. stands allowed.

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Sd/-

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B. SUDHEENDRA KUMAR, JUDGE

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STK

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//TRUE COPY//

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//P.A. TO JUDGE//

Vishnu v. State of Kerala

Case brief

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Vishnu v. State of Kerala

Case brief

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