Kerala High Court
Raju Varghese vs State Of Kerala on 25 September, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 25TH DAY OF SEPTEMBER 2024 / 3RD ASWINA, 1946
CRL.MC NO. 5251 OF 2018
CRIME NO.2085/2011 OF Ernakulam North Police Station,
Ernakulam
IN RESPECT OF CC NO.840 OF 2017 OF ADDITIONAL CHIEF
JUDICIAL MAGISTRATE, ERNAKULAM ARISING FROM CRIME
NO.2085/2011 OF THE ERNAKULAM NORTH TOWN POLICE STATION
PETITIONERS/ACCUSED:
1 RAJU VARGHESE
AGED 43 YEARS
S/O.I.C.VARGHESE, IKKARAPARAMBU HOUSE,S.R.M.ROAD,
PACHALAM,KOCHI 682 012.
2 I.C.VARGHESE
AGED 73 YEARS, S/O.CHAURI,IKKARAPARAMBU
HOUSE,S.R.M.ROAD, PACHALAM,KOCHI - 682 012.
3 KUNJAMMA VARGHESE
AGED 69 YEARS, W/O.I.C.VARGHESE,IKKARAPARAMBU
HOUSE,S.R.M.ROAD, PACHALAM,KOCHI - 682 012.
BY ADVS.
SRI.T.G.SUNIL (PRANAVAM)
SRI.C.X.ANTONY BENEDICT
SRI.J.OM PRAKASH
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2
RESPONDENTS/STATE AND COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF
KERALA,ERNAKULAM - 682 031.
2 SOUMYA MATHEW
AGED 36 YEARS, W/O.RAJU VARGHESE,THUNDIPARAMBIL
HOUSE,NELSON MANDELA ROAD,NETTOOR, P.O.MARADU,
PIN - 682 404.
BY ADV
SRI.RENJITH T.R, SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 25.09.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
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3
P.V. KUNHIKRISHNAN, J.
-----------------------------------
Crl.M.C.No.5251 of 2018
-----------------------------------
Dated this the 25th day of September, 2024
ORDER
This Crl.M.C is filed to quash the
proceedings in CC No.840/2017 on the files of the
Additional Chief Judicial Magistrate Court,
Ernakulam, arising from Crime No.2085/2011 of
Ernakulam Town North Police Station. The above case
is charge sheeted alleging offences punishable
under Section 498A read with Section 34 of the
Indian Penal Code.
2. The prosecution case is that the
petitioners mentally and physically harassed the
defacto complainant. According to the petitioners,
even if the entire allegations are accepted, no
offence is made out.
3. Heard counsel for the petitioners and
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CRL.MC No.5251 OF 2018
the learned Public Prosecutor.
4. The counsel for the petitioners
reiterated the contentions raised in this Criminal
Miscellaneous Case. The counsel submitted that there
is no specific date mentioned in the final report
regarding the alleged cruelty. It is also submitted
that the documents produced along with the Criminal
Miscellaneous Case will show that what is stated by
the defacto complainant is false.
5. The Public Prosecutor submitted that
these are matters of evidence and this Court may not
interfere with the proceedings of the trial court at
this stage.
6. After hearing both sides, I am of the
considered opinion that the petitioners can be
allowed to file a discharge petition before the
trial court if charge is not framed. If such a
discharge petition is filed, till final orders are
passed in it the presence of the petitioners can be
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CRL.MC No.5251 OF 2018
dispensed with.
Therefore, this Crl.M.C is disposed of with
following directions:
1. The petitioners are free to file a
discharge petition before the
jurisdictional court within thirty
days from the date of receipt of a
stamped certified copy of this
order, if charge is not framed.
2. Once such a discharge petition is
received, the jurisdictional court
will consider the same and pass
appropriate orders in it, after
giving an opportunity of hearing to
the petitioners and the Prosecutor
concerned, as expeditiously as
possible, at any rate, within a
period of six weeks from the date of
receipt of the discharge petition.
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3. If a discharge petition is filed as
directed above, the presence of the
petitioners shall not be insisted,
till final orders are passed in the
discharge petition.
4. All the contentions raised by the
petitioners in this criminal
miscellaneous case are left open and
the petitioners are free to agitate
the same in the discharge petition.
Sd/-
P.V. KUNHIKRISHNAN
JUDGE
SSG
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PETITIONERS' ANNEXURES
ANNEXURE A1 A TRUE COPY OF F.I.R.NO.2085 DATED
25/10/2011 OF ERNAKULAM TOWN NORTH POLICE
STATION.
ANNEXURE A2 TRUE COPY OF FINAL REPORT IN
C.C.NO.840/2017 DATED 28/2/2012 OF
ERNAKULAN TOWN NORTH POLICE STATION.
ANNEXURE A3 TRUE COPY OF COMPLAINT DATED 19/2/2011
SUBMITTED BY THE 1ST PETITIONER BEFORE HE
C.I. OF POLICE, ERNAKULAM NORTH POLICE
STATION.
ANNEXURE A4 TRUE COPY OF ORDER DATED 7/3/2011 IN W.P.
(CRL) NO.102/2011 OF THIS HON'BLE COURT.
ANNEXURE A5 TRUE COPY OF ORDER DATED 14/3/2011 IN
W.P.(CRL) NO.102/2011 OF THIS HON'BLE
COURT.
ANNEXURE A6 TRUE COPY OF THE ORDER DATED 19/4/2011 IN
W.P.(CRL) NO.102/2011 OF THIS HON'BLE
COURT.
ANNEXURE A7 TRUE COPY OF ORDER DATED 25/5/2011 IN
W.P.(CRL) NO.102/2011 OF THIS HON'BLE
COURT.
ANNEXURE A8 TRUE COPY OF DISCHARGE SUMMARY ISSUED
FROM LOURDES HOSPITAL DATED 7/6/2011.
ANNEXURE A9 TRUE COPY OF JUDGMENT DATED 7/7/2011 IN
WP(CRL) NO.102/2011 OF THIS HON'BLE
COURT.
ANNEXURE A10 TRUE COPY OF CERTIFICATE DATED 17/7/2018
ISSUED BY DR.ABRAHAM P.GEORGE TO THE 2ND
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PETITIONER.
ANNEXURE A11 TRUE COPY OF CERTIFICATE DATED 17/7/2018
ISSUED BY DR.MRS.SUNU KURIAN TO THE 3RD
PETITIONER.
ANNEXURE A12 TRUE COPY OF CERTIFICATE DATED 20/7/2018
ISSUED BY HEADMISTRESS, L.M.C.C.H.S.G.,
ERNAKULAM.
ANNEXURE A13 TRUE COPY OF CERTIFICATE DATED 19/7/2018
ISSUED BY HEADMISTRESS, L.M.C.C.H.S.G.,
ERNAKULAM.
ANNEXURE A14 TRUE COPY OF COMPLAINT SUBMITTED BY THE
2ND RESPONDENT BEFORE THE POLICE.
