IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 19TH OCTOBER 2011 / 27TH ASWINA 1933 Crl.MC.No. 1422 of 2006() ------------------------------------- CC.144/2003 of JUDL. MAGISTRATE OF FIRST CLASS-II, HOSDRUG .................... PETITIONER(S): ACCUSED ---------------------------------------- 1. KAMALUDEEN, NO.9/10, HIRA ARCADE, SECTOR 23, NERUL, NAVI MUMBAI - 400 706. 2. SHAKKEELA TEACHER, W/O.KAMALUDEEN, NO.9/10, HIRA ARCADE, SECTOR 23, NERUL, NAVI MUMBAI - 400 706. 3. SHABIN, S/O.KAMALUDEEN, AGED 16 YEARS, NO.9/10, HIRA ARCADE, SECTOR 23, NERUL, NAVI MUMBAI - 400 706, REP: BY HIS FATHER AND NEXT FRIEND KAMALUDEEN M. (IST PETITIONER) BY ADV. SRI.T.K.VIPINDAS RESPONDENT(S): COMPLAINANT ------------------------------------------------- BEEFATHUMA, AGED 39 YEARS, D/O.P.A.ABBAS, RESIDING AT PALLIPPUZHA HOUSE, BEKAL, P.O.PALLIKKARA, PALLIKKARA VILLAGE, HOSDURG TALUK. *ADDL. R2 IMPLEADED. 2. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. *ADDL. R2 IS IMPLEADED AS PER ORDER DTD. 2.6.06 IN CRL.MA. 2642/2006. PUBLIC PROSECUTOR R1 BY SRI.ZUBAIR PULIKKOOL THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 19/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss CRMC. NO.1422/2006 APPENDIX PETITIONER'S ANNEXURES A1:- COPY OF THE COMPLAINT IN CC. 144/2003 IN THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT II, HOSDURG. A2:- COPY OF THE SCHOOL CERTIFICATE OF 3RD PETITIONER. A3:- COPY OF THE TALAQNAMA DTD. 1.7.2002. A4:- COPY OF THE REFUSED ENVELOP ADDRESSED TO COMPLAINANT. RESPONDENT'S ANNEXURES NIL:- TRUE COPY P.S. TO JUDGE tss N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.M.C.No.1422 of 2006 ---------------------------------------------------- Dated this the 19th day of October, 2011 Order The petitioners are the accused in CC No.144 of 2003 on the file of JFCM Court-II, Hosdurg. The offence alleged against them in the complaint are under Section 498A read with 34 IPC. This petition has been pending for the last 8 years. It is contended by the petitioners that there are sufficient materials to proceed further. The case was taken cognizance by the learned Magistrate on a complaint filed by the first respondent. It is not disputed by the learned counsel that no pre-charge evidence was recorded so far. The learned counsel for the petitioners would submit that the third petitioner was aged only 13 years at the time of alleged commission of offence, i.e. in 2002. In support of that, Annexure A2 mark list issued from the St Augustine's High School, Nerul, Navi Mumbai has been produced. It shows that the date of birth of the third petitioner is 26.11.1989 in which case the third petitioner must have been aged only 13 years; at any rate, far less than 18 years. Therefore, the case against the third Crl.M.C.1422/06 2 petitioner has to be quashed. The 4th petitioner, according to the learned counsel, committed suicide subsequently. Now petitioners 1 and 2 alone are before the court. The learned counsel for the petitioners submits that talaque was pronounced before the date of occurrence and Section 498A will not be attracted. That contention is resisted by the learned counsel for the first respondent. That is a matter to be gone into at the time of recording evidence. The petitioners will be at liberty to raise all such contention at the stage of Section 244 Cr.P.C. Hence, this Crl.M.C. is allowed in part. The further proceedings in CC No.144/2003 of the JFCM Court-II, Hosdurg against the third petitioner is quashed. If the matter is not settled, the learned Magistrate will proceed to record the pre-charge evidence and dispose of the matter accordingly. N.K.BALAKRISHNAN, JUDGE. srd Crl.M.C.1422/06 3 Crl.M.C.1422/06 4