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Baiju.E vs Aswathi.T.P on 8 January, 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

WEDNESDAY, THE 08TH DAY OF JANUARY 2020 / 18TH POUSHA, 1941

Crl.MC.No.85 OF 2020(A)

AGAINST THE ORDER IN CC NO.558/2019 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -V, KOZHIKODE

CRIME NO.769/2018 OF NALLALAM POLICE STATION, KOZHIKODE

PETITIONERS/ACCUSED NO. 1 TO 4:

1 BAIJU.E,
AGED 32 YEARS, S/O VISWANATHAN “EDOLI”,
POYILTHAZHAM, NALLALAM, KOZHIKODE-673 027.

2 VISWANATHAN,
AGED 61 YEARS, S/O RAVUNNI KURUPATH, “EDOLI”,
POYILTHAZHAM, NALLALAM, KOZHIKODE-673 027.

3 DEVAKI,
AGED 56 YEARS, W/O VISWANATHAN, “EDOLI”,
POYILTHAZHAM, NALLALAM, KOZHIKODE-673 027.

4 PRIYA,
AGED 30 YEARS, W/O BIJEESH, “EDOLI”,
POYILTHAZHAM, NALLALAM, KOZHIKODE-673 027.

BY ADV. SRI.P.B.SAJITH

RESPONDENTS/DE-FACTO COMPLAINANT STATE:

1 ASWATHI.T.P,
AGED 25 YEARS, D/O SIVADASAN, THAZHEPALLATH,
THAYYILTHAZHAM, PERUMANNA, NALLALAM, KOZHIKODE-673
027.

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

R1 BY ADV. R.SUDHISH
SRI. T.R. RENJITH PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
08.01.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C. No.85 of 2020 2

Crl.M.C.No.85 of 2020
———————————————–
ORDER

This is a proceedings instituted under Section 482 of

the Code of Criminal Procedure for quashing Annexure – A5 final

report and all further proceedings pursuant thereto now

pending as C.C.No.558 of 2019 on the files of the Court of the

Judicial Magistrate of First Class – V, Kozhikode.

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

case referred to above is one instituted at the instance of the

first respondent against the petitioners under Sections 406 and

498A of the Indian Penal Code.

3. It is seen that the first respondent had settled her

disputes with the petitioners and an affidavit to that effect has

been produced as Annexure A7.

4. Heard the learned counsel for the petitioners,

the learned Public Prosecutor as also the learned counsel for

the first respondent.

5. In the light of the decision of the Apex Court in
Crl.M.C. No.85 of 2020 3

Gian singh v. State of Punjab, (2012) 10 SCC 303, insofar as

the offences alleged against the accused in the case are only

offences punishable under Sections 406 and 498A 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

against the petitioners.

In the result, the Crl.M.C. is allowed and Annexure-A5

final report and all further proceedings pursuant thereto against

the petitioners pending as C.C.No.558 of 2019 on the files of

the Court of the Judicial Magistrate of First Class – V, Kozhikode

are quashed.

Sd/-

P.B.SURESH KUMAR, JUDGE.

YKB
Crl.M.C. No.85 of 2020 4

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF FIRST INFORMATION
REPORT IN CRIME NO 769/2018 OF
NALLALAM POLICE DATED 27.12.2018

ANNEXURE A2 CERTIFIED COPY OF FIRST INFORMATION
STATEMENT IN CRIME NO 769/2018 OF
NALLALAM POLICE DATED 27.12.2018

ANNEXURE A3 CERTIFIED COPY OF MEMORANDUM OF
EVIDENCE IN CRIME NO 769/2019 OF
NALLALAM POLICE STATION

ANNEXURE A4 CERTIFIED COPY OF STATEMENT OF
WITNESSES UNDER SECTION 162 OF THE
CODE OF CRIMINAL PROCEDURE IN CRIME NO
769/2018 OF NALLALAM POLICE STATION

ANNEXURE A5 CERTIFIED COPY OF FINAL REPORT IN
CRIME NO 769/2018 OF NALLAM POLICE
STATION DATED 17.4.2019

ANNEXURE A6 TRUE COPY AGREEMENT EXECUTED BETWEEN
THE 1ST PETITIONER AND THE 1ST
RESPONDENT DATED 29.5.2019

ANNEXURE A7 ORIGINAL OF THE AFFIDAVIT FILED BY THE
1ST RESPONDENT DATED 18.11.2019

RESPONDENT’S/S EXHIBITS:

NIL

//TRUE COPY//

PA TO JUDGE

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