Kerala High Court
Divya Ouseph vs State Of Kerala on 4 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946
CRL.MC NO. 2063 OF 2024
CRIME NO.150/2018 OF Kunnathunadu Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.1376 OF 2023 OF
ADDITIONAL DISTRICT COURT & SESSIONS COURT (VIOLENCE AGAINST
WOMEN & CHILDREN), ERNAKULAM
PETITIONER/ACCUSED NO.3:
DIVYA OUSEPH, AGED 27 YEARS
D/O.OUSEPH PAULOSE, KADHALIPARAMBIL HOUSE,
VALAYAMCHIRANGARA P.O., PERUMBAVOOR, AIRAPURAM
VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM, PIN -
683556
BY ADVS.
S.RAJEEV
V.VINAY
M.S.ANEER
PRERITH PHILIP JOSEPH
ANILKUMAR C.R.
K.S.KIRAN KRISHNAN
RESPONDENTS/STATE & ANOTHER:
1 STATE OF KERALA
REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM (CRIME NO.150/2018 OF KUNNATHUNADU POLICE
STATION), PIN - 682031.
2 REGIONAL PASSPORT OFFICER
REGIONAL PASSPORT OFFICE, SHIHAB THANGAL ROAD,
NEAR IDBI CORPORATE BRANCH, PANAMPILLY NAGAR,
ERNAKULAM, PIN - 682036.
R2 BY C.G.C ADV MINI GOPINATH .
R1 BY PUBLIC PROSECUTOR SRI M P PRASANTH
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
28.05.2024, THE COURT ON 04.06.2024 PASSED THE FOLLOWING:
Crl.M.C.No.2063/2024 2
A. BADHARUDEEN, J.
================================
Crl.M.C No.2063 of 2024
================================
Dated this the 4th day of June, 2024
ORDER
This Criminal Miscellaneous Case has been filed under
Section 482 of the Code of Criminal Procedure (`Cr.P.C' for short)
by the accused in Crime No.150 of 2018 of Kunnathunadu Police
Station, Ernakulam, now pending as SC.No.1376/2023 on the files
of Additional District and Sessions Court (for the trial of cases
relating to Atrocities & Sexual Violence against Women and
Children), Ernakulam. The prayer in this petition is to quash all
further proceedings in the above case.
2. Heard the learned counsel for the petitioner and the
learned Public Prosecutor in detail. Perused the entire case records
in this matter.
3. The prosecution case herein is that the accused herein,
who had animosity towards the defacto complainant and his son, at
10 a.m on 24.01.2018 criminally trespassed upon the residential
house of the defacto complainant, where she has been residing
along with his minor son one Yohannan Anil, aged 13 years.
Thereafter, the accused abused and threatened the defacto
complainant with consequence of death. The allegations against
the 1st accused is that he slapped on the left ear of the defacto
complainant and caused pain. When she attempted to ran away,
the 2nd accused caught hold of the leg of her minor son Anil and the
3rd accused caught hold of the hand of Anil, and thereby the
accused herein committed offences punishable under Sections 451,
341, 323, 294(b), 506(1) r/w 34 of the Indian Penal Code (`IPC'
for short) and Section 75 of the Juvenile Justice Act.
4. The learned counsel for the petitioner argued at length
to convince this Court that none of the offences is made out and,
therefore, Annexure-A2 final report is liable to be quashed.
5. The learned Public Prosecutor strongly opposed
quashment of the crime involving assault against a minor, borne
out from the materials involving offence under Section 75 of the
Juvenile Justice Act.
6. On perusal of the records along with statements of the
defacto complainant and witnesses, prosecution case is well made
out, prima facie, disclosing commission of the offences alleged by
the prosecution. In such a case involving assault against a minor
cannot be quashed.
7. Therefore, this petition must fail. In the result, the
petition is dismissed.
Registry shall forward a copy of this order to the
jurisdictional court for information and further action.
Sd/- (A.BADHARUDEEN, JUDGE)
rtr/
PETITIONER'S ANNEXURES
1. SEALED COVER : COPY OF THE FIR IN CRIME
NO.150/2018 OF KUNNATHUNADU POLICE STATION, DATED
24.01.2018.
2. SEALED COVER : A CERTIFIED COPY OF THE FINAL
REPORT IN CRIME NO.150/2018 DATED 07.03.2018.
Annexure-III A COPY OF THE ORDER ISSUED BY THE
ADDL.DISTRICT AND SESSIONS JUDGE,
ERNAKULAM (FOR THE TRIAL OF CASES
RELATING TO ATROCITIES & SEXUAL VIOLENCE
AGAINST WOMEN AND CHILDREN), ERNAKULAM,
IN CRL.MP NO.164/2024 IN SC
NO.1376/2023, DATED 08-02-2024.
