Abhilash Rayaroth v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA THURSDAY, THE 19TH DAY OF FEBRUARY 2015/30TH MAGHA, 1936 Crl.MC.No. 567 of 2015 () -------------------------- SC.NO. 474/2014 OF DISTRICT & SESSIONS COURT, KASARAGOD -------------- PETITIONER(S)/ACCUSED:
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1. ABHILASH RAYAROTH,S/O.ASOKAN, AGED 29 YEARS, RESIDING AT RAYAROTH HOUSE, CHAL, P.O.AZHIKKODE, KANNUR DISTRICT-670 009.
2. DHANISHA T.P., D/O.T.P.NARAYANAN, AGED 18 YEARS, SREEDHANI, VALAPATTANAM,VALAPATTANAM P.O., KANNUR DISTRICT-670 010, RESIDING AT RAYAROTH HOUSE, CHAL, P.O.AZHIKKODE, KANNUR DISTRICT-670 009.
BY ADV. SRI.P.M.PAREETH RESPONDENT(S)/COMPLAINANT & STATE :
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1. STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, HOSDURG POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. T.P. PARVATHY, NAGERI ILLAM, PUDUKKAI P.O., NEELESWARAM, KASARAGOD DISTRICT-671 314.
3. YAMUNA V.I., VADAKKE ILLAM, THIRUVANCHIRAKKAVU, P.O.KUTHUPARAMBA, KANNUR DISTRICT-670 643.
R1 BY PUBLIC PROSECUTOR SRI.JIBU P. THOMAS THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts
Crl.MC.No. 567 of 2015 () ------------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:
-------------------------------------------- ANNEX-AI.
A TRUE COPIES OF THE MARRIAGE CERTIFICATE DATED 12/3/2014 ISSUED BY THE AZHIKKAL SREE PAMPADIYAL TEMPLE. ANNEX-A2.
A TRUE COPIES OF THE CERTIFICATE OF MARRIAGE DATED 12/3/2014 ISSUED BY THE REGISTRAR OF MARRIAGES AZHIKODE GRAMA PANCHAYATH UNDER KERALA REGISTRATION OF MARRIAGE (COMMON RULE) 2008.
ANNEX-A2(A). A TRUE PHOTOCOPY OF THE S S L C IN RESPECT OF THE 2ND PETITIONER TO PROVE DATE OF BIRTH ANNEX-A3.
A CERTIFIED COPY OF THE FIR NO.1258/2013 DATED 17/10/2013 OF HOSDURG POLICE STATION.
ANNEX-A4.
A CERTIFIED COPY OF THE FINAL REPORT AND CHARGE DATED 31/12/2013.
RESPONDENT(S)' ANNEXURES:
NIL /TRUE COPY/ P.A.TO.JUDGE sts
B.KEMAL PASHA, J.
================ Crl.M.C. No. 567 of 2015 ======================= Dated this the 19th day of February, 2015
O R D E R
The accused in Sessions Case No.474/2014 of the Sessions Court, Kasargod, which has arisen from Crime No.1258/2013 of the Hosdurg Police Station, and the victim girl, who is the second petitioner herein, have come up under Section 482 Cr.P.C., to get all the proceedings against the accused in the said Sessions Case, quashed. The said Crime was registered for the offence under Section 363 IPC and Sessions Case is pending for the said offence.
2. The prosecution case is that on 17.10.2013 at 10.30 a.m., he had enticed a 17 year old girl, who was in the care and custody of the de facto complainant and took her away, thereby committing an offence punishable under Section 363 of the Indian Penal Code. Presently, the first petitioner has married the second petitioner, who is the victim girl and they are living peacefully as husband and wife. Copy of the certificate of marriage has been produced which shows that
Crl.M.C. No. 567 of 2015 the marriage was conducted on 12.3.2014. When they have been lawfully married, it is just and proper in the interest of justice to quash the entire proceedings in S.C.No.474/2014 of the Sessions Court, Kasargod.
In the result, this Crl.M.C is allowed and Annexure-A3 FIR in Crime No.1258/2013 of the Hosdurg Police Station and Annexure-A4 Final Report against the first petitioner, and all further proceedings in S.C No.474/2014 of the Sessions Court, Kasargod, are hereby quashed. Sd/- B.KEMAL PASHA, JUDGE stu //True copy// P.A to Judge