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Abhilash. V.S. vs State Of Kerala on 10 March, 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

TUESDAY, THE 10TH DAY OF MARCH 2020 / 20TH PHALGUNA, 1941

Crl.MC.No.1568 OF 2020(E)

CRIME NO.546/2019 OF Kakkur Police Station , Kozhikode

PETITIONER/ACCUSED:

ABHILASH. V.S., AGED 42 YEARS
S/O SAMY VALLUVAPRA THAZHAM HOUSE, AMBALATH
KULANGARA, KOZHIKODE RURAL, KERALA

BY ADVS.
SRI.P.P.SHAMEER
SRI.NABIL KHADER

RESPONDENT/STATE DEFACTO COMPLAINANT:

1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, KOCHI-682 031.

2 ANISHA, AGED 35 YEARS
D/O AANDI POYIL HOUSE, KALLANTHODU,
KATTANGAL, KUNNAMANGALAM, KOZHIKODE CITY,
KERALA-673 571.

R2 BY ADV. JACQUELINE JACKSON

OTHER PRESENT:

SANTHOSH PETER

THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 10.03.2020, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
Crl.MC.No.1568 OF 2020(E)

..2..

Crl.MC.No.1568 OF 2020(E)
————————————–

ORDER

This is a proceedings under Section 482 of the Code

of Criminal Procedure for quashing Annexure – AI First

Information Report and all further proceedings pursuant

thereto in Crime No.546 of 2019 of Kakkoor Police Station.

2. The petitioner is the sole accused in the said

case. The case was one registered under Sections 406 and

498A of the Indian Penal Code and Section 31 of the Protection

of Women from Domestic Violence Act.

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

complainant have amicably settled the disputes. An affidavit

sworn to by the de facto complainant to that effect is part of

the records.

4. Heard the learned counsel for the petitioner,

the learned Public Prosecutor as also the learned counsel for de

facto complainant.

Crl.MC.No.1568 OF 2020(E)

..3..

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

the matrimonial discord between the de facto complainant and

her husband, the petitioner. Though the matter is settled

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 –

AI First Information Report and all further proceedings pursuant

thereto in Crime No.546 of 2019 of Kakkoor Police Station are

quashed.

Sd/-

P.B.SURESH KUMAR
JUDGE
ds 11.03.2020
Crl.MC.No.1568 OF 2020(E)

..4..

APPENDIX

PETITIONER’S EXHIBITS:

ANNEXURE A1: CERTIFIED COPY OF THE FIR NO. 546/2019 OF
THE KAKKOOR POLICE STATION, KOZHIKODE
RURAL.

ANNEXURE A2: THE AFFIDAVIT DATED 15.02.2020 FILED BY
THE RESPONDENT NO.2.

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