IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
MONDAY, THE 13TH DAY OF JANUARY 2020 / 23RD POUSHA, 1941
Crl.MC.No.200 OF 2020(D)
C.C.NO.713/2016 PENDING ON THE FILE OF JUDICIAL FIRST
CLASS MAGISTRATE – I, KARUNAGAPPALLY
CRIME NO.3570/2015 OF KARUNAAGAPALLY POLICE STATION ,
KOLLAM
PETITIONER/ACCUSED:
ARUN C.S
AGED 31 YEARS
S/O. CHANDRA BHAZI, ARUN BHAVAN, T. C. 7/598,
KADAKAM PALLY VILLAGE, KARIKKAKAM P. O.,
THIRUVANANTHAPURAM DISTRICT.
BY ADVS.
SRI.V.VINAY
SRI.S.RAJEEV
SRI.K.K.DHEERENDRA KRISHNAN
SRI.D.FEROZE
SRI. ANAND K
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM – 682 031.
(CRIME NO.3570/2015 OF KARUNAGAPPALLY POLICE
STATION, KOLLAM DISTRICT)
2 DEEPTHI S DILEEP
AGED 29 YEARS
D/O. SANGAMITHRA, MANGALTHU (H),
ALUMKADAVU P. O., KARUNAGAPPALLY, KOLLAM,
PIN – 690 573.
R2 BY ADV. V.R.REKESH
R1 BY ADV.SRI.SANTHOSH PETER, PUBLIC
PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 13.01.2020, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C.No.200 of 2020 2
ORDER
This is a proceedings under Section 482 of the Code
of Criminal Procedure for quashing Annexure – I Final Report
pending trial before the Judicial First Class Magistrate Court – I,
Karunagappally in C.C.No.713 of 2016.
2. The petitioner is the accused in the said case.
The case was one registered under Sections 498A and 323 of
the Indian Penal Code.
3. It is stated that the petitioner and the de facto
complainant of the crime have amicably settled the disputes
and an affidavit sworn to by the de facto complainant is part of
the records.
4. Heard the learned counsel for the petitioner,
the learned Public Prosecutor as also the learned counsel for the
de facto complainant.
5. In the light of the decision of the Apex Court in
Gian singh v. State of Punjab, (2012) 10 SCC 303, insofar as
Crl.M.C.No.200 of 2020 3
the offences alleged against the petitioner are only offences
punishable under Sections 498A and 323 of the Indian Penal
Code, I am of the view that this is an appropriate case where
this court has to invoke the jurisdiction under Section 482 of the
Code of Criminal Procedure to quash the proceedings.
In the result, the Crl.M.C. is allowed and Annexure – I
Final Report pending trial before the Judicial First Class
Magistrate Court – I, Karunagappally in C.C.No.713 of 2016 and
all further proceedings thereto are quashed.
Sd/-
P.B.SURESH KUMAR, JUDGE.
DK
Crl.M.C.No.200 of 2020 4
APPENDIX
PETITIONER’S EXHIBITS:
ANNEXURE I CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO.3570/2015 OF KARUNAGAPPALLY
POLICE STATION.
ANNEXURE II NOTARIZED AFFIDAVIT DATED 9.1.2020
SWORN BY 2ND RESPONDENT.
RESPONDENTS’ EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
DK
