Kerala High Court
Ali.K vs State on 17 October, 2024
Author: P.V. Kunhikrishnan
Bench: P.V.Kunhikrishnan
2024:KER:77515
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946
CRL.MC NO. 8600 OF 2018
CRIME NO.34/2017 OF KARUVARAKUNDU POLICE STATION, MALAPPURAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.298 OF 2017
OF JUDICIAL MAGISTRATE OF FIRST CLASS-I,MANJERI
PETITIONERS/ACCUSED:
1 ALI.K
AGED 44 YEARS
S/O. MUHAMMAD, KEEDAKALLAN HOUSE, IRINGATTIRI
P.O., PUTHANAZHI, MALAPPURAM DISTRICT.
2 SUHAIB
AGED 27 YEARS, S/O. MUHAMMAD, AKKARAMMAL HOUSE,
THUVVUR P.O., PAYIPULLU, MALAPPURAM DISTRICT.
3 MUHAMMED
AGED 71 YEARS, S/O. UNNYALI, THUVVUR P.O.,
PAYIPULLU, MALAPPURAM DISTRICT.
BY ADVS.
P.SAMSUDIN
SRI.BIJU GEORGE
SRI.JITHIN LUKOSE
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CRL.MC NO.8600 OF 2018
2
RESPONDENTS/COMPLAINANT:
1 STATE
REPRESENTED BY THE SUB INSPECTOR OF POLICE,
KURUVAKUNDU POLICE STATION, MALAPPURAM DISTRICT,
THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM- 682 031.
2 SAVITHRI DEVI K
CHILD MARRIAGE PROHIBITION
OFFICER,KALIKAVU,ADDITIONAL ICDS
KALIKAVU,MALAPPURAM DISTRICT,PIN-676 525
[IMPLEADED AS ADDITIONAL R2 AS PER ORDER DATED
19.08.2022 IN CRL.M.A.1 OF 2022 IN CRL.M.C
8600/2018]
3 CHILD MARRIAGE PROHIBITION OFFICER
KALIKAVU,ADDITIONAL ICDS KALIKAVU,MALAPPURAM
DISTRICT, PIN-676 525
[IMPLEADED AS ADDITIONAL R3 AS PER ORDER DATED
19.08.2022 IN CRL.M.A.1 OF 2022 IN CRL.M.C
8600/2018]
OTHER PRESENT:
SRI.SANGEETHARAJ.N.R, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 17.10.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
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CRL.MC NO.8600 OF 2018
3
P.V. KUNHIKRISHNAN, J.
-----------------------------------
Crl.M.C.No.8600 of 2018
-----------------------------------
Dated this the 17th day of October, 2024
ORDER
The petitioners are the accused in
CC No. 298/2017 on the files of Judicial First Class
Magistrate Court-I, Manjeri, which arises from Crime
No.34/2017 of Karuavarakundu Police Station. The
offences alleged against the petitioners are under
Sections 9 and 10 of Prohibition of Child Marriage
Act, 2006.
2. The prosecution case is that on
15.01.2017 at 06:00 pm, the 1st petitioner conducted
the marriage of his minor daughter with the 2nd
petitioner at his residence under Islamic Religious
Law with the connivance of the 3rd petitioner, and
thus, 1st and 3rd petitioners committed the offence
under Section under Section 10 of the Act and the 2 nd
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CRL.MC NO.8600 OF 2018
petitioner committed the offence under Section 9 of
the Act. On receiving the information of the alleged
marriage, the defacto complainant, Child Marriage
Prohibition Officer, filed the complaint before the
Judicial First Class Magistrate Court-I Manjeri on
08.02.2017. The complaint was sent to the police for
further investigation and the crime was registered
as evident by Annexure A1 FIR. After conducting
investigation a final report was filed against the
petitioners as evident by Annexure A2. According to
the petitioners, even if the entire allegations are
accepted, no offence is made out against the
petitioners. Hence, this Crl.M.C.
3. Heard counsel for the petitioners and
the Public Prosecutor.
4. According to the petitioners, the
marriage between the daughter of the 1st petitioner
and the 2nd petitioner did not take place on
15.01.2017 as alleged. According to the petitioners,
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the marriage was on 23.09.2018. The marriage was
solemnized by the Secretary of Rahman Juma Masjid,
Puliyakkode, Malappuram, as evident by Annexure A3
Marriage Certificate, is the submission. After
solemnization, the marriage was registered before
the Grama Panchayat, Karuvarakundu. Annexure A4 is
the certificate of marriage. According to the 1 st
petitioner, the daughter of the 1st petitioner
Farhana.K was born on 28.07.2000 and her marriage
with the 2nd petitioner was solemnized on 23.09.2018
and at that time she completed 18 years of age is
the submission. Hence no offence is attracted is the
contention. The Public Prosecutor submitted that the
contentions raised by the petitioners are of matters
of evidence. The Public Prosecutor also takes me
through the statement of one witness given under
161 CrPC in which it is stated that the marriage was
on 15.01.2017.
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5. This Court considered the contentions
of the petitioners and Public Prosecutor. The
prosecution case is that the marriage between the
daughter of the petitioner and the 2nd respondent was
solemnized on 15.01.2017. The prosecution wants to
prove the same through the oral evidence of some
witnesses cited in the case. But this Court perused
Annexure A4, which is the certificate of marriage
issued by the competent Authority under the
Government of Kerala. As per Annexure A4, the date
of marriage was on 23.09.2018. The date of birth of
the 1st petitioner's daughter was on 28.07.2000. If
that is the case, the 1st petitioner's daughter
crossed 18 years as on 23.09.2018. Moreover, the
petitioners also produced Annexure A3 Marriage
certificate which it is issued by the Secretary of
Rahman Juma Masjid, Puliyakkode, Malappuram in which
it is stated that the marriage was solemnized on
23.09.2018.
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6. In the light of Annexure A3, I am of
the considered opinion that the prosecution against
the petitioners need not be continued.
Therefore this Crl.MC allowed all further
proceedings against the petitioners in CC 298/2017
on the files of Judicial First Class Magistrate
Court-I, Manjeri, arising from Crime No.34/2017 of
Karuavarakundu Police Station are quashed.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SSG
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PETITIONERS' ANNEXURES
ANNEXURE A1 TRUE COPY OF THE FIR DATED 10.02.2017 IN
CRIME NO. 34/2017 OF KARUVARAKUNDU POLICE
STATION.
ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT DATED
15.03.2017 IN CRIME NO. 34/2017 OF
KARUVARAKUNDU POLICE STATION.
ANNEXURE A3 TRUE COPY OF THE MARRIAGE CERTIFICATE
DATED 23.09.2017 ISSUED BY THE SECRETARY
RAHMAN JUMA MASJID
ANNEXURE A4 TRUE COPY OF THE MARRIAGE CERTIFICATE
DATED 19.10.2018 ISSUED BY THE
KARUVARAKUNDU GRAMA PANCHAYAT
