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Babyson vs State Of Kerala on 24 February, 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

MONDAY, THE 24TH DAY OF FEBRUARY 2020 / 5TH PHALGUNA, 1941

Crl.MC.No.872 OF 2020(H)

CC 2255/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS -III, THRISSUR

CRIME NO.1403/2016 OF Ollur Police Station, Thrissur

PETITIONER/ACCUSED :

1 BABYSON,
AGED 39 YEARS, S/O.BABY,
ALAPPATT HOUSE, ERAVIMANGALAM P.O.,
NADATHARA VILLAGE, OLLUR, THRISUSR DISTRICT.

2 PHILOMINA,
AGED 66 YEARS, W/O.BABY,
ALAPPATT HOUSE, ERAVIMANGALAM P.O.,
NADATHARA VILLAGE, OLLUR,
THRISUSR DISTRICT.

BY ADV. SRI.C.DHEERAJ RAJAN

RESPONDENTS/DEFACTO COMPLAINANT :

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

2 RAJEENA,
AGED 33 YEARS,
D/O.SEBASTIAN, ANTHIKKADAN HOUSE,
PANDARAPARAMBU DESOM,
OLLUKARA VILLAGE,
THRISSUR DISTRICT-680 655.

R2 BY ADV. K.ANAND (A-1921)
R1 BY SRI.SANTHOSH PETER, SR.PP

OTHER PRESENT:

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
24.02.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.872 OF 2020(H)
2

ORDER

This is a proceedings under Section 482 of the Code of

Criminal Procedure for quashing Annexure-A2 Final Report pending

trial before the Judicial First Class Magistrate Court-III, Thrissur in

C.C.No.2255 of 2016.

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

The case was one registered under Sections 323, 324, 498A and

506(i) 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.872 OF 2020(H)
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 – A2

Final Report pending trial before the Judicial First Class Magistrate

Court-III, Thrissur in C.C.No.2255 of 2016 and all further

proceedings thereto are quashed.

Sd/-

P.B.SURESH KUMAR
rkj JUDGE
Crl.MC.No.872 OF 2020(H)
4

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 THE TRUE COPY OF FIR IN CRIME 1403/2016
REGISTERED BY THE OLLUR POLICE.

ANNEXURE A2 THE TRUE COPY OF THE FINAL REPORT FILED

BY THE SUB INSPECTOR OF POLICE AGAINST
THE PETITIONERS HEREIN.

ANNEXURE A3 THE TRUE COPY OF THE AFFIDAVIT FILED BY
THE 2ND RESPONDENT EVIDENCING THE FACTUM
OF SETTLEMENT.

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