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Anu Mohan vs State Of Kerala on 18 February, 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

TUESDAY, THE 18TH DAY OF FEBRUARY 2020 / 29TH MAGHA, 1941

Crl.MC.No.5009 OF 2019(E)

CRIME NO.381/2019 OF Poovar Police Station , Thiruvananthapuram

PETITIONERS/ACCUSED 1 2:

1 ANU MOHAN
AGED 27 YEARS
S/O. MOHAN, ANU VILLA, KILLY, KOLLODU P.O.,
THIRUVANANTHAPURAM DISTRICT

2 ANITHAKUMARI
AGED 54 YEARS
W/O. MOHAN, ANU VILLA, KILLY, KOLLODU P.O.,
THIRUVANANTHAPURAM DISTRICT

BY ADV. SRI.P.ANOOP (MULAVANA)

RESPONDENTS/STATE, DEFACTO COMPLAINANT:

1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM – 682 031

2 CHANDNI
D/O. CHANDRIKA, CHANDNI HOUSE, KALINKVILAKAM,
ARUMANOOR, POOVAR VILLAGE,
THIRUVANANTHAPURAM DISTRICT – 695 001

R2 BY ADV. SRI.K.R.VINOD
R2 BY ADV. SMT.M.S.LETHA
SRI.AMJAD ALI – SR.PP

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
18.02.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.5009 OF 2019(E)

2

Crl.M.C.No.5009 of 2019
———————————————–

ORDER

This is a proceedings under Section 482 of the Code

of Criminal Procedure for quashing Annexure – A1 First

Information Report and all further proceedings pursuant

thereto in Crime No.381 of 2019 of the Poovar Police Station,

Thiruvananthapuram.

2. The petitioners are the accused in the said

case. The case was one registered under Section 498A rea

with Section 34 of the Indian Penal Code.

3. It is seen that the petitioners 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 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
Crl.MC.No.5009 OF 2019(E)

3

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. 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 First Information Report and all further proceedings

pursuant thereto in Crime No.381 of 2019 of the Poovar Police

Station, Thiruvananthapuram are quashed.

Sd/-

P.B.SURESH KUMAR, JUDGE.

PV
Crl.MC.No.5009 OF 2019(E)

4

APPENDIX
PETITIONERS’ EXHIBITS:

ANNEXURE A1 TRUE COPY OF THE FIR IN CRIME
NO.381/2019 OF THE POOVAR POLICE
STATION, THIRUVANANTHAPURAM DISTRICT

ANNEXURE A2 TRUE COPY OF THE BUS TICKET DATED
1.4.2019

ANNEXURE A3 TRUE COPY OF THE PHOTOGRAPH SHOWING
THE BIRTHDAY CELEBRATION

RESPONDENTS’ EXHIBITS: NIL

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