IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN TUESDAY, THE 13^TH DAY OF AUGUST 2024 / 22ND SRAVANA, 1946 CRL.MC NO. 5379 OF 2024 CRIME NO.172/2023 OF CHERUTHURUTHY POLICE STATION, THRISSUR PETITIONER/1ST ACCUSED:

XXXXXXXXXX AGED XXXXXXXX YEARS XXXXXXXXXX BY ADVS.

SENITTA P. JOJO SAJNA VIDHUNA NARAYANAN RESPONDENTS/STATE AND DEFACTO COMPLAINANT:

1 STATE OF KERALA REPRESENTED BY THE STATION HOUSE OFFICER, CHERUTHURUTHI POLICE STATION, THRISSUR, THROUGH ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031

2 XXXXXXXXXX AGED XXXXXXXXXX YEARS XXXXXXXXXX BY ADV NIDHEESH. S PP - M P PRASANTH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13.08.2024 ALONG WITH CRL.M.C. NO.5378 OF 2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN TUESDAY, THE 13^TH DAY OF AUGUST 2024 / 22ND SRAVANA, 1946 CRL.MC NO. 5378 OF 2024 CRIME NO.172/2023 OF CHERUTHURUTHY POLICE STATION, THRISSUR PETITIONERS/ACCUSED NOS.3,2, 4 AND 5:

1 ABITHA AGED 31 YEARS D/O. SUNIL KUMAR, THONNENKAVIL HOUSE, VALLISSERY, AVINISSERY P.O., THRISSUR DISTRICT, KERALA, PIN - 680306

2 SUNIL KUMAR AGED 59 YEARS S/O. JANAKIAMMA, THONNENKAVIL HOUSE, VALLISSERY, AVINISSERY P.O., THRISSUR DISTRICT, KERALA, PIN - 680306

3 KRISHNAKUMAR S.

AGED 41 YEARS S/O. K. SELVARAJ, JAYA NIVAS 30/175, POONKUNNAM P.O, THRISSUR DISTRICT, KERALA, PIN - 680002

4 ARAVIND @KANNAN AGED 31 YEARS S/O. SUNIL KUMAR, THONNENKAVIL HOUSE, INDUSTRIAL ESTATE, OLLUR P.O., THRISSUR DISTRICT, KERALA, PIN - 680306 BY ADV M.R.DHANIL RESPONDENTS/STATE AND DEFACTO COMPLAINANT:

1 STATE OF KERALA REPRESENTED BY THE STATION HOUSE OFFICER, CHERUTHURUTHI POLICE STATION, THRISSUR, THROUGH ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031

2 XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX BY ADV NIDHEESH. S SR PP - RENJIT GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

13.08.2024 ALONG WITH CRL.M.C. NO.5379 OF 2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

COMMON ORDER

Dated this the 13^th day of August, 2024 These Criminal Miscellaneous Cases have been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash Annexure.A1 FIR and Annexure.A5 Final Report in Crime No.172/2023 of Cheruthuruthy Police Station, Thrissur, where the prosecution alleges commission of offences punishable under Sections 376, 376(2)(f), 376(3), 506, 354, 354A(1)(i), 354A(1)(ii), 511, 376-A of IPC and Sections 3(a), 6(1) and 5(n) of the Protection of Children from Sexual Offences Act. The petitioners herein are accused Nos.1 to 5 in the above case.

2. The learned counsel for the petitioners argued at length to convince this Court that no offence made out, prima facie, from the prosecution records. Since he failed in this endeavour and when this Court is about to dismiss these petitions, holding that there are sufÏcient materials to go for trial, the learned counsel for the petitioners sought permission to withdraw these petitions. Permission granted.

3. Accordingly, these petitions stand dismissed as withdrawn.

Registry is directed to forward a copy of this order to the trial court, within three days, for information and further steps.

Sd/-

A. BADHARUDEEN JUDGE SK