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Arun C.S vs State Of Kerala on 13 January, 2020

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

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