This Miscellaneous Criminal case sought to quash the trial of a matrimonial elopement offence. The High Court held the matter was amicably settled with no public interest involved and quashed the proceedings against the accused.
The criminal proceedings in S.C.No. 952 of 2018 are quashed; disposal of seized material objects left to trial court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 03RD DAY OF MAY 2019 / 13TH VAISAKHA, 1941
Crl.MC.No. 1502 of 2019
AGAINST THE ORDER/JUDGMENT IN SC 952/2018 of SPECIAL COURT UNDER POCSO ACT, KOZHIKODE
CRIME NO. 790/2017 OF Vatakara Police Station , Kozhikode
PETITIONERS/ACCUSED :
SHAHEER EDATHIL AGED 33 YEARS S/O.ASSAN MUKRINTAVIDA,KIZHAKKE ALIYATTIDATH HOUSE,PALLIKKALATH VALAPPIL,VATAKARA BEACH.P.O,VATAKARA TALUK,KOZHIKODE DISTRICT-673103.
BY ADV. SRI.ZUBAIR PULIKKOOL
RESPONDENTS/COMPLAINANT & STATE:
1 FASMIDA K.V AGED 19 YEARS D/O.SUBAIR.K.V,RUKHIYA MANZIL, MUKACHERI BHAGOM,VATAKARA BEACH.P.O, VATAKARA TALUK,KOZHIKODE DISTRICT-673103.
2 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,PIN-682031.
BY ADV. SRI.P.S.BINU
BY PRIYA SHANAVAS KHAN – PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03.05.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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O R D E R
The petitioner is the accused in S.C.No. 952 of 2018 on the files of the Special Judge for the trial of offences under Protection of Children from Sexual Offences Act (POCSO Act), Kozhikode. The offence alleged against the petitioner are under Section 366A of the Indian Penal Code. The first respondent herein is the alleged victim. A crime was registered under Section 57 of the Kerala Police Act, when the first respondent brother lodged a complaint at the police station that his sister Fasmida, the first respondent herein, was missing. After investigation final report was filed alleging offence under Section 366A IPC, since the first respondent had not attained 18 years of age when she eloped with the petitioner. The petitioner is not charged with offences under the POCSO Act. Moreover from Annexure-2 marriage certificate it is evident that the petitioner and
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the first respondent got married on 30.08.2018. The first respondent has filed an affidavit stating that she had eloped with the petitioner on her own volition on 20.05.2017 and that there was no sexual abuse by the petitioner.
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amicably settled and that no public interest is involved in this matter. Hence, there is no impediment in granting the relief sought.
In the result, this Crl.M.C is allowed. The proceedings in S.C.No. 952 of 2018 on the files of the Special Judge for the trial of offences under POCSO Act, Kozhikode, is quashed. If any material objects have been seized during the course of investigation, the trial court may pass appropriate orders for their disposal.
Sd/-
V.G.ARUN JUDGE
DST
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE 1 TRUE COPY OF THE F.I.R. & CHARGE SHEET BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT,VATAKARA.
ANNEXURE 2 TRUE COPY OF THE MARRIAGE CERTIFICATE BETWEEN THE PETITIONER AND FIRST RESPONDENT SOLEMNIZED ON 8.7.2018. ANNEXURE 3 SWORN AFFIDAVIT OF 1ST RESPONDENT DATED 12.02.2019.
2 issues framed by the court
Whether criminal proceedings can be quashed in a matrimonial elopement matter that has been amicably settled.
Whether the alleged offence under Section 366A IPC applies when the parties have voluntarily married and eloped.
1 provisions across 1 enactments
SHAHEER EDATHIL
FASMIDA K.V
STATE OF KERALA
V.G. ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
