Allowed

Shijas Shamsudheen v. State of Kerala

Kerala HC4 Aug 2017Crl.MC/5175/2017

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition, the court quashed the final report filed against the accused petitioner under IPC Section 376 and POCSO Act Section 3(a). The order was based on the marriage of the petitioner and the victim dated 27.6.2014 and their continued cohabitation.

What did the court decide?

Final report and further proceedings under IPC Section 376 and POCSO Act Section 3(a) quashed.

Shijas Shamsudheen 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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FRIDAY, THE 4TH DAY OF AUGUST 2017/13TH SRAVANA, 1939

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Crl.MC.No. 5175 of 2017 ()

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SC 327/2017 of ADDL.DC & SESSIONS COURT (VIOLENCE AGAINST WOMEN & CHILDREN) CRIME NO. 2115/2012 OF PALARIVATTOM POLICE STATION , ERNAKULAM

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PETITIONER/ACCUSED:

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SHIJAS SHAMSUDHEEN AGED 27 YEARS, S/O.SHAMSUDHEEN SHEEJA MANZIL, THAZHUTHALA BHAGOM KOTTIYAM PO, NOW RESIDING AT SHEEJA MANZIL, VADAKKUMKARA, KIZHAKKENCHERRY PERAYAM, UMAYANALLOOR PO KOLLAM 691 589

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BY ADVS.SRI.N.A.SHAFEEK SRI.S.A.ANAND

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RESPONDENT(S)/STATE AND DE-FACTO COMPLAINANT COMPLAINANT:

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STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR

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HIGH COURT OF KERALA, ERNAKULAM

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AKHILA N S, AGED 21 YEARS, W/O.SHIJAS NAVULLIPARAMBIL, CHAKKARAPARAMBU THAMMANAM PO, KOCHI 682 032 NOW RESIDING AT SCHEEJA MANZIL, VADAKKUMKARA, KIZHAKKECHERRY, PERAYAM UMAYANALLOOR PO, KOLLAM 691 589

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R2 BY ADV. SRI.M.X.ANTONY LIJO R1 BY PUBLIC PROSECUTOR, SRI E C BINEESH

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04-082017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.M.C.5175/2017

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APPENDIX

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PETITIONER'S EXHIBITS:

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ANNEX.A1 : CERTIFIED COPY OF THE FIR IN CRIME NO.2115/2012 OF PALARIVATTOM POLICE STATION

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ANNEX.A2 : CERTIFIED COPY OF THE FINAL REPORT IN SC 327/2007 OF ADDL. SESSIONS COURT (SPECIAL COURT FOR TRIAL OF CASE RELATED TO ATROCITIES AGAINST WOMEN AND CHILDREN), ERNAKULAM

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ANNEX.A3 : TRUE COPY OF THE MARRIAGE CERTIFICATE DT.27.6.2014 ISSUED BY THE MARRIAGE OFFICER, MARADU SRO

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ANNEX.A4 : AFFIDAVIT DT.20.5.2017 SWORN BY THE 2ND RESPONDENT/ DE-FACTO COMPLAINANT

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RESPONDENTS' EXHIBITS : NIL

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// True Copy //

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PA to Judge

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B.SUDHEENDRA KUMAR, J.

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Crl.M.C. No.5175 of 2017

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- - - - -- - - - - - - - - - - - - - - - - - - - - - Dated this the 4^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.327 of 2017 on the files of the court below. The offences alleged are the offences under Section 376 I.P.C. and Section 3(a) read with Section 4 of the Protection of Children from Sexual Offences Act, 2012.

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Heard.

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It has been submitted by the learned counsel for the parties and the learned Public Prosecutor that the petitioner married the 2^nd respondent, who is the victim in this case, on 27.6.2014 under the Special Marriage Act and ever since, they have been residing together as husband and wife. The second respondent filed affidavit stating that

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Crl.M.C.5175/2017

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-: 2 :-

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the petitioner married the 2^nd respondent on 27.6.2014 under the Special Marriage Act and presently, she is residing with her husband, who is the petitioner, under one roof along with their child. Annexure-A3 is the marriage certificate, which would show that the petitioner married the 2^nd respondent on 27.6.2014 under the Special Marriage Act. Since the petitioner married the 2^nd respondent, if the petitioner is sent to jail, that will give more agony to the 2^nd respondent. For the said reason, I am inclined to quash the final report and further proceedings against the petitioner in S.C. No.327 of 2017 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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dl/4.8.2017

Shijas Shamsudheen v. State of Kerala

Case brief

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Shijas Shamsudheen v. State of Kerala

Case brief

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