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Judgments of Supreme Court of India and High Courts

Akhilesh vs State Of Kerala on 28 February, 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

FRIDAY, THE 28TH DAY OF FEBRUARY 2020 / 9TH PHALGUNA, 1941

Crl.MC.No.1743 OF 2020(G)

CC 104/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,
THAMARASSERY

CRIME NO.540/2016 OF Mukkom Police Station, Kozhikode

PETITIONERS/ACCUSED NO.1 AND 2 :

1 AKHILESH,
AGED 39 YEARS, S/O. RAVI,
MUTHUKUTTIYIL (H), MANASSERY P.O,
MUKKOM, KOZHIKODE DISTRICT,
PINCODE – 673 602.

2 SREEMATHI,
AGED 63 YEARS, W/O.R AVI,
MUTHUKUTTIYIL (H), MANASSERY P.O,
MUKKOM, KOZHIKODE DISTRICT,
PINCODE – 673 602.

BY ADV. SRI.B.MUHAMMED SHAHEEL

RESPONDENTS/STATE/DEFACTO COMPLAINANT :

1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
COCHIN – 682 031
(INVESTIGATING OFFICER IN CRIME NO. 540/2016 OF
MUKKOM POLICE STATION, KOZHIKODE DISTRICT)

2 JISSY,
AGED 33 YEARS,
D/O. BALAKRISHNAN,
KAMMALAM KUNNATH (H), KAKKAVAYAL,
KAKKAD P.O, THAMARASSERY TALUK,
KOZHIKODE DISTRICT, PINCODE – 673 573.

R2 BY ADV. K.REEHA KHADER
R1 BY SRI.SANTHOSH PETER, SR.PP

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
28.02.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.1743 OF 2020(G)
2

ORDER

This is a proceedings under Section 482 of the Code of

Criminal Procedure for quashing Annexure-A1 Final Report pending

trial before the Judicial First Class Magistrate Court-II,

Thamarassery in C.C.No.104 of 2018.

2. The petitioners are the accused in the said case. The

case was one registered under Sections 498A and 406 read with

Section 34 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 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.
Crl.MC.No.1743 OF 2020(G)
3

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-A1

Final Report pending trial before the Judicial First Class Magistrate

Court-II, Thamarassery in C.C.No.104 of 2018 and all further

proceedings thereto are quashed.

Sd/-

P.B.SURESH KUMAR
rkj JUDGE
Crl.MC.No.1743 OF 2020(G)
4

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 THE CERTIFIED COPY OF THE FINAL REPORT

IN CRIME NO. 540/2016 OF MUKKOM POLICE
STATION, KOZHIKODE DISTRICT PENDING
BEFORE THE JUDICIAL FIRST CLASS
MAGISTRATE COURT-II, THAMARASSERY AS CC
104/2018.

ANNEXURE A2 THE AFFIDAVIT SWORN BY THE 2ND
RESPONDENT DT 5/2/2020.

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