IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 31ST JANUARY 2011 / 11TH MAGHA 1932 Crl.MC.No. 1615 of 2010() ------------------------------------ CRIME NO.275/2009 OF KUMBALA POLICE STATION,KASARGODE DISTRICT ------------------------------ PETITIONER(S): DEFACTO-COMPLAINANT ------------------------------------------------------------- FATHIMATH SHABANA,AGED 18 YEARS, D/O.ABOOBACKER, RESIDING AT BHAIKATTA HOUSE, UJJAR, ULWAR,BUMBRANA VILLAGE,PO KIDOOR,KASARAGOD TALUK AND DISTRICT. BY ADV. SRI.JAWAHAR JOSE RESPONDENT(S): COMPLAINANT-STATE,ACCUSED NOS.1-5. ----------------------------------------------------------------------------------------- 1. THE STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. ABDUL SHAFEEK,AGED 22 YEARS, S/O.MUHAMMED RAFEEK,ADKKAM HOUSE, PO URDOOR, MULLERIA (VIA), ADOOR VILLAGE, KASARAGOD DISTRICT, (NOW RESIDING AT KUDUTTHA MUHAYIR HOUSE,BELNAD VILLAGE,BANDWAL TALUK,DAKSHIN KARNATAKA DISTRICT). 3. UMAIBA.C.K, AGED 35 YEARS,W/O.NISSAR, KOMBANADUKKAM, RESIDING NEAR SRAMBIPALLI MASJID, CHEMMANAD VILAGE,KASARAGOD DISTRICT. 4. ABDUL BASHEER.B.K, AGED 31 YEARS, S/O.LATE C.H.ABDUL KHADER,CHEMBARIKKA HOUSE, OPP.CHEMBARIKKA TEMPLE,KAINAD VILLAGE, KASARAGOD DISTRICT. 5. FATHIMA @ PATHU,AGED 42 YEARS,W/O.USMAN, NEAR BAIKKATTA TEMPLE, UJJAR,ULWAR,BUMBRANA VILLAGE, PO KIDOOR,KASARAGOD TALUK AND DISTRICT. 6. MOHAMMED HANEEFA,AGED 31 YEARS, S/O.K.M.MOIDU,KM HOUSE,RESIDING NEAR THRIKKANNAD TEMPLE, PO BEKAL,KASARAGOD DISTRICT. R1 BY PUBLIC PROSECUTOR SRI.K.J.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.1615 of 2010 --------------------------------------- Dated this 31st day of January, 2011 ORDER Petitioner before me is the de facto complainant in Crime No. 275 of 2009 of Kumbala Police Station for offences punishable under Secs.366A, 376, 417 and 109 r/w Sec.34 of the Indian Penal Code, registered against respondent Nos.2 to 6/accused Nos.1 to 5. Prosecution case is that respondent Nos.2 to 6 induced the de facto complainant who then was a minor to go along with respondent No.3 who was residing nearby to different places where she was subjected forcible sexual intercourse on several occasions. The de facto complainant now wants to quash proceedings against respondent Nos.2 to 6 stating that she made the allegations against respondent Nos.2 to 6 (to the police) due to the influence of others, she was in love with respondent No.2 who had promised to marry her but, later backtracked and married another lady. Under that circumstance she gave statement to the police regarding the alleged incident. Now, there are marriage proposals for petitioner but, pendancy of the case mars those proposals. Hence this petition. Petitioner and her parents have filed affidavits in support of the prayer to Crl.M.C.No.1615 of 2010 -: 2 :- quash the proceedings. 2. I have heard learned counsel for petitioner and the learned Public Prosecutor. I have also gone through the statement given by the de facto complainant to the police based on which case was registered. Learned counsel for petitioner submits that after investigation police has submitted three final reports against respondent Nos.2 to 6. 3. The ground stated by petitioner is that pendancy of the case would mar her marriage prospects. But, I have to consider the nature of offences allegedly committed by respondent Nos.2 to 6. On going through the statement of de facto complainant accompanying the FIR, it would appear that it is a case of sexual exploitation of a minor who was then studying in the sixth standard by a gang including men and women engaged in such illicit activities. It would appear that the innocent girl was induced by a woman residing in the neighbourhood to go with her. 4. Having gone through the statement, I am not inclined to think that this court is required to interfere under Sec.482 of the Code of Criminal Procedure and quash proceedings against respondent Nos.2 to 6 which would only give a wrong message to Crl.M.C.No.1615 of 2010 -: 3 :- the persons indulging in sex trade and such other illicit activities. I therefore decline to interfere. This criminal miscellaneous case fails. It is dismissed. (THOMAS P JOSEPH, JUDGE) Sbna/- /True Copy/ P A to Judge