IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 Crl.MC.No. 783 of 2005() ------------------------ CRIME NO.39/05 OF HOSDURG POLICE STATION PETITIONERS: --------------- 1. AMEER.K., S/O.ABDUL RAHIMAN, RESIDING AT EDATHODE. 2. ABDUL RAHIMAN, RESIDING AT KOTAPURAM, NILESHWAR VILLAGE, P.O.KOTAPURAM. 3. ABOOBACKER, S/O.ABDUKKATHIL, MAMMED, EDATHODE. BY ADV. SRI.V.N.ACHUTHA KURUP, SENIOR ADVOCATE SRI.BINDU SREEKUMAR RESPONDENTS: --------------- 1. RUKSANA.M.K., D/O.C.M.ABBAS, RESIDING AT AVIKKARA, BALLA VILLAGE, P.O.KANHANGAD. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. C.M. KAMAPPU THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 18/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CRL.M.C.No.783 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of December, 2008 O R D E R Petitioners, who have been arraigned as accused in Crime No.39/2005 of Hosdurg Police Station for the alleged commission of offences punishable under Sections 417 and 420 read with Section 34 I.P.C, have preferred this petition under Section 482 of the Code of Criminal Procedure seeking to quash the above proceedings pending against them. 2. The above crime has been registered pursuant to a private complaint filed by respondent No.1 herein before the Judicial Magistrate of First Class-I, Hosdurg. Learned Magistrate had forwarded the complaint to the police for investigation. A copy of the complaint filed by respondent No.1 is on record as Annexure-A and a certified copy of the FIR also is available on record as Annexure-B. 3. The case of the complainant, as revealed from Annexures-A and B, is that petitioners/accused had approached the parents of the complainant with a marriage proposal for respondent No.1. According to the complainant, accused No.1 had gone to her residence with his brother Kareem on December 04, 2004 to see the complainant. Accused No.1 had exchanged pleasantries with the complainant and thereafter had informed her that he was agreeable for the marriage alliance. Accused No.1 and his brother Kareem went back informing the complainant that accused No.2 and 3 (father 2 Crl.M.C.No.783/05 and uncle of accused No.1) would visit the house of the complainant for further discussions. Accordingly, on December 05, 2004, accused Nos. 2 and 3 had gone to the residence of the complainant with a formal proposal for marriage between the complainant and accused No.1. Thereafter, a formal fixation ceremony was held at the residence of the maternal aunt of the complainant on December 16, 2004. A gold chain was given to the complainant after it was agreed that the marriage can be held on January 06, 2005. However, according to the complainant, on January 02, 2005 accused Nos.2 and 3 went to the residence of the complainant and informed her parents that the marriage cannot be held as agreed. The complainant alleged that the accused had intentionally cheated the complainant and her parents. Thus, they had committed the offences punishable under Sections 417 and 420 read with Section 34 I.P.C. 4. Having carefully perused the averments in the complaint and having heard learned counsel for the petitioners, I am satisfied that the petitioners are not liable to be prosecuted for the alleged offences. The allegations made in the complaint do not prima facie make out any case. Even assuming that the accused had agreed to conduct the marriage on January 06, 2005, it cannot be said that because of their failure, (whatever may be the reasons) they had committed the offences under Sections 417 and 420 I.P.C with the aid of Section 34. Even if the averments in the complaint 3 Crl.M.C.No.783/05 are read in its entirety, I have no hesitation to hold that no case has been made out. The proceedings pending against the petitioners in Crime No.39/2005 are quashed. The Crl.M.C is allowed. (A.K.BASHEER, JUDGE) cl