Crl.MC No.1525 of 2019
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
CRL.MC NO. 1525 OF 2019
CRIME NO.438/2018 OF Kozhinjampara Police Station, Palakkad
AGAINST THE ORDER/JUDGMENT IN CC 941/2018 OF JUDICIAL MAGISTRATE OF
FIRST CLASS ,CHITTUR
PETITIONER/S:
KUPPUSWAMY.M.S
AGED 82 YEARS
S/O.LATE CHINNASWAMY, VELLARAMKALMEDU, VANNAMADA, CHITTUR.
BY ADV M.A.ZOHRA
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN-682031.
2 SUB INSPECTOR OF POLICE,
KOZHINJAMPARA POLICE STATION, CHITTUR TALUK, PALAKKAD
DISTRICT-678555.
3 KARUNA
W/O.LATE SELVARAJ, VELLARAMKALMEDU, VANNAMADA, CHITTUR
TALUK, PALAKKAD DISTRICT-678555.
BY ADVS.
SRI.K.R.ARUN KRISHNAN
SMT.DEEPA K.RADHAKRISHNAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
28.06.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC No.1525 of 2019
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BECHU KURIAN THOMAS, J.
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Crl.MC No.1525 of 2019
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Dated this the 28th day of June, 2022
ORDER
Petitioner challenges proceedings in C.C.No.941/2018 on the files of the Judicial First Class Magistrate Court, Chittur. The offences alleged against the petitioner is under Section 354A(2)of the Indian Penal Code.
2. The prosecution allegation is that the defacto complainant, who is the daughter-in-law of the petitioner was subjected to demand for sexual favours and thereby he committed the offences alleged against him.
3. Smt.M.A.Zohra, learned Counsel for the petitioner submitted that petitioner is an 85 year old person and the allegations are totally false. She further submitted that the matter has been settled between the petitioner and the defacto complainant as is evident from Annexure -VII affidavit.
4. Pursuant to instructions obtained by the learned Public Prosecutor, it was submitted that the affidavit filed by the third respondent is genuine and that she still stands with the same.
5. In view of the aforesaid circumstances and also in view of the judgment in Gian Singh v. State of Punjab and Another Crl.MC No.1525 of 2019 2 (2012 (10) SCC 303), the offence alleged having been settled between the petitioner and the defacto complainant, I find no reason to continue this prosecution.
6. Accordingly, I quash further proceedings in Annexure - VII final report and all further proceedings in C.C. No.941/2018 on the files of the Judicial First Class Magistrate Court, Chittur.
The Crl.MC is allowed as above.
sd/ BECHU KURIAN THOMAS JUDGE jm/ Crl.MC No.1525 of 2019 2 APPENDIX OF CRL.MC 1525/2019 PETITIONER ANNEXURES ANNEXURE I TRUE COPY OF THE PETITION FILED AS MC.31/2018 DATED 27/03/2018 ON THE FILES OF THE J.F.C.M CHITTUR.
ANNEXURE II TRUE COPY OF THE OBJECTIONS DATED 27/04/2018 FILED IN CMP.NO.2554/2018 ON M.C.31/2018 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, CHITTUR.
ANNEXURE III TRUE COPY OF THE FIR IN CRIM NO.438/2018 OF THE KOZHINJAMPARA POLICE STATION.
ANNEXURE IV TRUE COPY OF THE INTERIM ORDERS DATED 4-7-2018 IN I.A940/2018 IN O.S.196/2018 OF THE MUNSIFF'S COURT, CHITTUR ALONG WITH COPY OF PLAINT. ANNEXURE V TRUE COPY OF THE FINAL REPORT IN CRIME NO.438/2018 OF THE KOZHINJAMPARA POLICE STATION WITH EVIDENCE.
ANNEXURE VI TRUE COPY OF THE SUMMONS ISSUED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT, CHITTUR HAS INITIATED PROCEEDINGS NUMBERING THE CASE AS CRIMINAL CASE, C.C941/2018 AND ISSUED SUMMONS TO THE PETITIONER FOR APPEARANCE ON 16/2/2019.