Case Note & Summary
The petitioner, Mrs. Swathi, accused No.8 in C.C.No.1397/2013, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking quashing of proceedings pending before the Additional Civil Judge and JMFC, Kundapura. The proceedings arose from Crime No.16/2013 registered under Section 5 of the Immoral Traffic Prevention Act, 1956. The background of the case involves a complaint that on 13.01.2013, the Police Sub-Inspector of Kundapura Police Station, while investigating Crime No.13/2013, received information that some girls were being illegally transported from Udupi to Goa in a tempo traveler bearing registration No.KA 21 A 2088 for prostitution. The vehicle was intercepted on National Highway 66. The petitioner was arrayed as accused No.8. The court heard arguments from Sri Kumara, counsel for the petitioner, and Sri B.N. Jagadeesh, Additional State Public Prosecutor for respondent No.1. The court examined the records and found that the petitioner's name was not found in any incriminating material or the charge sheet, and no specific overt act was attributed to her. The court held that continuing the proceedings against the petitioner would be an abuse of the process of law. Consequently, the court allowed the petition and quashed the proceedings against the petitioner in C.C.No.1397/2013.
Headnote
A) Criminal Procedure Code - Quashing of Proceedings - Section 482 Cr.P.C. - Lack of Incriminating Material - Petitioner/accused No.8 sought quashing of proceedings under Section 5 of the Immoral Traffic Prevention Act, 1956 - Court found that petitioner's name was not found in any incriminating material or charge sheet, and no specific overt act was attributed - Held that continuation of proceedings would be an abuse of process of law, and proceedings were quashed (Paras 1-5).
Issue of Consideration
Whether the proceedings against the petitioner/accused No.8 in C.C.No.1397/2013 for offence under Section 5 of the Immoral Traffic Prevention Act, 1956 should be quashed under Section 482 Cr.P.C. when the petitioner's name is not found in any incriminating material or charge sheet and no specific overt act is attributed.
Final Decision
The petition is allowed. The proceedings in C.C.No.1397/2013 pending before the Additional Civil Judge and JMFC, Kundapura, against the petitioner/accused No.8 are quashed.
Law Points
- Quashing of criminal proceedings under Section 482 Cr.P.C.
- Lack of incriminating material against accused
- No specific overt act attributed
- Immoral Traffic Prevention Act
- 1956 Section 5
