IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 4TH OCTOBER 2011 / 12TH ASWINA 1933 Crl.MC.No. 3399 of 2011 ---------------------------------- [C.C.NO.26/2010 OF THE JUDICIAL MAGISTRATE OF FIRST CLASS COURT - I, ETTUMANUR, CRIME NO.215/07 OF ETTUMANOOR POLICE STATION] .................... PETITIONERS/ ACCUSED NO.1 TO 4: ---------------------------------------------------- 1. JANEESH P.GEORGE, S/O. P.J.GEORGE, AGED 28 YEARS, KOONANICKAL HOUSE, ATHIRAMPUZHA P.O., PADINJATTU BAGOM KARA, KOTTAYAM DISTRICT. 2. JAIMON JOSEPH, S/O. N.T.JOSEPH, AGED 35 YEARS, NJONGINIYIL HOUSE, ATHIRAMPUZHA P.O., PADINJATTU BAGOM KARA, KOTTAYAM DISTRICT. 3. ARUNKUMAR, S/O. P.R.SHAJI, AGED 25 YEARS, PUTHUPARAMBIL HOUSE, ATHIRAMPUZHA P.O., PADINJATTU BAGOM KARA, KOTTAYAM DISTRICT. 4. BINO @ BINOY, S/O. T.C.CHACKO, AGED 36 YEARS, THADATHIL HOUSE, KURUMULLOOR P.O., VEDHAGIRI KARA, KOTTAYAM DISTRICT. BY ADVS. SRI.SOORAJ T.ELENJICKAL, SRI.K.NIRMALAN. RESPONDENTS/COMPLAINANT AND DEFACTO COMPLAINANT: ------------------------------------------------------------------------------------------- 1. STATE OF KERALA, THROUGH DEPUTY SUPERINTENDENT OF POLICE, KOTTAYAM, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. 2. JISHA JOSEPH, D/O. BABU JOSEPH, AGED 24 YEARS, PARAYIL HOUSE, ATHIRAMPUZHA P.O., PADINJATTU BAGOM KARA, KOTTAYAM DISTRICT. R1 BY PUBLIC PROSECUTOR SRI. B. VINOD, R2 BY ADV. SMT.M.A.BINDU. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.C. NO.3399/2011: APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE I: COPY OF THE FIRST INFORMATION REPORT DTD. 14/05/2007 ALLEGED IN CRIME NO.215/07 OF ETTUMANOOR POLICE STATION. ANNEXURE II: COPY OF THE FINAL REPORT DTD. 20/10/2009 SUBMITTED BY THE POLICE BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ETTUMANOOR. ANNEXURE II(A): READABLE COMPLETE FORM OF PAGE 8 OF THE ANNEXURE II FINAL REPORT. RESPONDENT'S ANNEXURES:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3399 of 2011 ----------------------------------- Dated this the 4th day of October 2011 O R D E R Petitioners are accused Nos.1 to 4 in C.C.No.26/2010 of J.F.C.M.-I, Ettumanoor. The charge sheet was laid against them alleging offences under Secs.292(2)(a) and Sec.201 r/w 34 IPC also under Sec.67 of Information Technology Act, 2000. The de facto complainant is represented in this Court by her counsel. An affidavit has been filed stating that the matter has been settled. A joint statement has also seen filed signed by the complainant, the accused persons and the counsel appearing for both sides. 2. It is submitted by the counsel appearing for both sides that the first accused and the de facto complainant were in love and at that time her passport size photo was alleged to have been taken by the first accused and by Crl.M.C. No.3399 of 2011 -: 2 :- adopting 'morphing' method certain nude photographs were created and circulated among his friends through electronic media. It is submitted that subsequently the de facto complainant was married by another person and in that wedlock she has given birth to a child and now she is pregnant for the 2nd time. It is submitted that if the trial has to be had at Ettumanoor, where her matrimonial home is situated and if she is to appear before court and give evidence that will spoil her matrimonial life. Considering the peculiar circumstances of this case, to see that her marital life is not affected by the trial of this case and since the dispute is purely personal in nature, this Crl.M.C. is allowed. Further proceeding in C.C.No.26/2010 of J.F.C.M.-I, Ettumanoor is quashed. N.K.BALAKRISHNAN, JUDGE. Jvt