IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 27TH JUNE 2011 / 6TH ASHADHA 1933 Crl.MC.No. 1344 of 2011() ---------------------- SC.267/2010 of SESSIONS COURT, KOTTAYAM ................ PETITIONER / ACCUSED NO. 1 : ---------------------------------------------- SHANTI, D/O.THOMAS, AGED 29/10, PARAYIL VEEDU, KUTTIKKATTUPPADI BHAGOM, THRIKKODITHANAM VILLAGE, CHANGANCHERRY, KOTTAYAM. BY ADVS. SRI.G.SUKUMARA MENON SRI.K.SURESH SMT.DEEPTHI S.MENON RESPONDENT / RESPONDENT : --------------------------------------------- THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. V. MANU THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 27/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/- Crl.MC.No. 1344 of 2011() APPENDIX PETITIONER'S ANNEXURE'S ANNEXURE A1 : COPY OF THE CHARGE SHEET IN CRIME NO. 248/08 OF THRIKKODITHANAM POLICE STATION. ANNEXURE A2 : COPY OF THE JUDGMENT IN SESSIONS CASE NO. 267/2010 OF THE SESSIONS COURT, KOTTAYAM DATED 12-1-2011. RESPONDENT'S ANNEXURE'S - NIL //TRUE COPY// P.S. TO JUDGE Mn THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1344 of 2011 -------------------------------------- Dated this the 27th day of June, 2011. ORDER Petitioner is first accused in Crime No.248 of 2008 of Thrikkodithanam Police Station and C.P.No.68 of 2010 of the court of learned Judicial First Class Magistrate-I, Changanachery for offences punishable under Sections 498A and 306 read with Section 34 of the Indian Penal Code (for short, “the Code”). Petitioner seeks to quash proceeding against her on the strength of Annexure- A2, judgment dated January 12, 2011 in S.C.No.267 of 2010 acquitting accused 2 and 3. 2. Prosecution case is that petitioner and accused 2 and 3 subjected the deceased, Ancy to cruelty, accused 2 and 3 instigated her to commit suicide and on November 28, 2008 at about 8 a.m. the said Ancy committed suicide by hanging. Accused 2 and 3 faced trial before learned Additional Sessions Judge (Adhoc-II), Kottayam in S.C.No.267 of 2010 and were acquitted as per Annexure-A2, judgment dated January 12, 2011 since none of the material witnesses supported the prosecution. Since petitioner was not available case against her was split up and refiled as C.P.No.68 of 2010. Learned counsel submitted that the substratum of the prosecution case is shattered by Annexure-A2, judgment and hence proceeding against petitioner is of no use. Crl.MC No.1344/2011 2 3. I have gone through the final report and Annexure-A2, judgment. The charge is that petitioner and accused 2 and 3 used stinging words at the deceased and accused 2 and 3 instigated her to commit suicide. It is seen from the memo of witnesses that CWs 1 to 4 (including parents of the deceased) were cited as witnesses to prove the alleged cruelty and instigation. But all of them refused to support the prosecution when examined as PWs 1 to 4. They denied that the deceased had met with cruelty at her matrimonial home. In view of that version of PWs 1 to 4, other witnesses were given up and accused 2 and 3 were acquitted. The case against petitioner is that she along with accused 2 and 3 used stinging words at the deceased. Since the substratum of prosecution case is shattered by the acquittal of accused 2 and 3 by Annexure- A2, judgment and in view of the stand of PWs 1 to 4, proceeding against petitioner is of no use. Hence I am inclined to allow the request. Resultantly this Criminal Miscellaneous Case is allowed. Proceeding against petitioner/first accused in C.P.No.68 of 2010 of the court of learned Judicial First Class Magistrate-I, Changanachery (arising from Crime No.248 of 2008 of Thrikkodithanam Police Station) is quashed. THOMAS P.JOSEPH, Judge. cks