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Abdul Salam.P.M. vs The State Of Kerala on 27 February, 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

THURSDAY, THE 27TH DAY OF FEBRUARY 2020 / 8TH PHALGUNA,
1941

Crl.MC.No.1686 OF 2020(A)

AGAINST THE ORDER/JUDGMENT IN CC 106/2019 OF CHIEF
JUDICIAL MAGISTRATE ,KASARAGOD

CRIME NO.53/2019 OF VIDYA NAGAR POLICE STATION , Kasargod

PETITIONERS/ACCUSED 1 2:

1 ABDUL SALAM.P.M., AGED 32 YEARS
S/O.MUHAMMED, RESIDING AT PADINHAREMOOLA
HOUSE, ALAMPADY, MUTTATHODY VILLAGE,
KASARAGOD DISTRICT.

2 RUKHIYA, AGED 58 YEARS
W/O.MUHAMMED, RESIDING AT PADINHAREMOOLA
HOUSE, ALAMPADY, MUTTATHODY VILLAGE,
KASARAGOD DISTRICT.

BY ADVS.
SRI.T.MADHU
SMT.C.R.SARADAMANI

RESPONDENTS/STATE:

1 THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031.

2 THE STATION HOUSE OFFICER
VIDYANAGAR POLICE STATION,
KASARAGOD DISTRICT-671121.

3 RAMEESA K.A., AGED 22 YEARS
D/O.ABDULLA, RESIDING AT ALAMPADY, MUTTATHODY
VILLAGE AND POST, KASARAGOD DISTRICT-671123.

R3 BY ADV. K.ABDUL NASIR
BY SR. PP SRI. SANTHOSH PETER

THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 27.02.2020, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
Crl.MC.No.1686 OF 2020(A)

..2..

Crl.M.C. No. 1686 of 2020
————————————–

ORDER

This is a proceedings under Section 482 of the Code

of Criminal Procedure for quashing Annexure – A2 Final Report

pending trial before the Chief Judicial Magistrate’s Court,

Kasaragod in C.C.No. 106 of 2019.

2. The petitioners are accused Nos. 1 and 2 in the

said case. The case was one registered under Sections 341,

323 and 498A of the Indian Penal Code.

3. It is seen that the petitioners and the de facto

complainant of the crime have amicably settled the disputes.

An affidavit sworn to by the de facto complainant is part of the

records.

4. Heard the learned counsel for the petitioners,

the learned Public Prosecutor as also the learned counsel for

the de facto complainant.

5. It is seen that the dispute arose on account of

the matrimonial discord between the de facto complainant and

her husband, the first accused. Though the matter is settled
Crl.MC.No.1686 OF 2020(A)

..3..

between the parties, I have examined the accusation in the

case and found that this is a matter that could be settled and

closed in the light of the decisions of the Apex Court in

Jitendra Raghuvanshi v. Babita Raghuvanshi, (2013) 4

SCC 58 and Gian singh v. State of Punjab, (2012) 10 SCC

303, invoking the jurisdiction under Section 482 of the Code of

Criminal Procedure.

In the result, the Crl.M.C. is allowed and Annexure –

A2 Final Report pending trial before the Chief Judicial

Magistrate’s Court, Kasaragod in C.C.No. 106 of 2019 and all

further proceedings thereto are quashed.

Sd/-

P.B.SURESH KUMAR
JUDGE
ds 28.02.2020
Crl.MC.No.1686 OF 2020(A)

..4..

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 THE CERTIFIED COPY OF THE FIR DATED
04.02.2019 IN CRIME NO.53/2019 OF
VIDYANAGAR POLICE STATION.

ANNEXURE A2 THE CERTIFIED COPY OF THE FINAL REPORT
DATED 08.03.2019 IN CRIME NO.53/2019
OF VIDYANAGAR POLICE STATION.

ANNEXURE A3 THE AFFIDAVIT DATED 20.06.2019 SWORN
IN BY THE THIRD RESPONDENT.

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