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Judgment
12 paragraphs · 486 wordsA. Badharudeen, J
This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure (`Cr.P.C’ for short) by accused Nos.1 and 2 in Crime No.1519 of 2021 of Karunagapally Police Station, Kollam, seeking the following reliefs:
(i) call for the records pertaining to Annexure-A1 FIR and Annexure-A2 Charge Crime No.1519 of 2021 on the files of Karunagapally Police Station which is now pendkng as C.C No.228 of 2022 on the files of Judicial First Class Magistrate-I, Karunagapally and quash the same with all its consequential proceedings for the ends of justice.
(ii) Pass any order or direction as this Hon'ble Court deems fit and proper in the facts and circumstances of the case.
(iii) Grant any other relief that this Hon'ble Court deem fit and proper in the interest of justice.”
Heard the learned counsel for the petitioners and the learned Public Prosecutor in detail. Perused AnnexuresA1 and A2 and relevant documents. Although notice was served upon the defacto complainant, she did not appear.
The prosecution case is that while the son of CW1 brought the daughter, aged 19 years, of accused Nos.1 and 2, after maintaining a love relationship, accused Nos.1 to 4, criminally trespassed upon the house of CW1, and assaulted CW1 at 10 a.m on 28.11.2021. This is the base on which the prosecution alleges commission of offences punishable under Sections 452, 323, 324, 354 and 34 of the Indian Penal Code.
The learned counsel for the petitioner would submit that the entire allegations are false. According to him, the daughter of the petitioners was forcefully taken away by the son of CW1 and normal resistance from the part of the petitioners, being the parents, has given the colour of serious offences. He also submitted that the entire allegations are false.
Though the learned Public Prosecutor attempted to justify the prosecution allegations, it is discernible that the allegations are part of normal resistance from the part of parents of a girl, aged 19 years, was studying for MBBS Course, started to reside along with the son of CW1. It is discernible that she stated before this Court while considering W.P(Crl.).No.423/2021, copy of the judgment in the said case is produced as Annexure-A4, that she went along with son of CW1, voluntarily. Going by the records, no serious allegations raised and no serious injuries also noted.
Having noticed the genesis of the case in the above line, it appears that the entire prosecution is unwarranted. Therefore, the same would require quashment.
In the result, this Criminal Miscellaneous Case stands allowed. Annexures A1 and A2 and all further proceedings in C.C.No.228/2022 on the files of the Judicial First Class Magistrate Court-I, Karunagappally, arose out of Crime No.1519 of 2021 of Karunagappally Police Station, Kollam, stand quashed.
Registry shall forward a copy of this order to the jurisdictional court for information and further steps.