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Biju K vs State Of Kerala on 7 January, 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

TUESDAY, THE 07TH DAY OF JANUARY 2020 / 17TH POUSHA, 1941

Crl.MC.No.24 OF 2020(C)

AGAINST C.C.NO.284/2019 OF THE JUDICIAL FIRST CLASS
MAGISTRATE COURT, VATAKARA

CRIME NO.1192/2018 OF THE VATAKARA POLICE STATION,
KOZHIKODE RURAL

PETITIONERS/ACCUSED NOS.1 TO 3:

1 BIJU K.,
AGED 37 YEARS
S/O. RAMANKUTTY, KAIPPURATH HOUSE, MOODADI
(P.O.), KOYILANDY, KOZHIKODE (DIST) – 673 307.

2 PREMAN,
AGED 46 YEARS
S/O. RAMANKUTTY, KAIPPURATH (NANDANAM) HOUSE,
MOODADI (P.O.), KOYILANDY,
KOZHIKODE (DIST) – 673 307.

3 SUMA,
AGED 41 YEARS
D/O.RAMANKUTTY, KAIPPURATH HOUSE,
MOODADI (P.O.), KOYILANDY,
KOZHIKODE (DIST) 673 307.

BY ADV. SMT.K.DEEPA (PAYYANUR)

RESPONDENTS/STATE COMPLAINANT:

1 STATE OF KERALA
REP. BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM – 682 031.
Crl.M.C. No.24 of 2020 2

2 LINISHA.P.M
35 YEARS, D/O. BALAN,
PADINJARA MALAYIL HOUSE,
NADAKKUTHAZHA (P.O.), VATAKARA,
KOZHIKODE (DIST) – 673 104.

R2 BY ADV. AKHILA K NAMBIAR
R1 BY SRI.SANTHOSH PETER, SR.PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 07.01.2020, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C. No.24 of 2020 3

ORDER

This is a proceedings instituted under Section 482 of

the Code of Criminal Procedure for quashing Annexure – I final

report and all further proceedings pursuant thereto now

pending as C.C.No.284 of 2019 on the files of the Court of the

Judicial Magistrate of First Class, Vatakara.

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

The case was one instituted at the instance of the second

respondent under Sections 406 and 498A read with Section 34

of the Indian Penal Code.

3. It is seen that the second respondent has settled

her disputes with the petitioners, and an affidavit to that effect

has been filed as Annexure II.

4. The learned counsel for the second respondent

affirmed that Annexure II is an affidavit sworn to by the second

respondent and submitted that the second respondent has no
Crl.M.C. No.24 of 2020 4

objection in granting the relief sought for by the petitioners.

5. In the light of the decision of the Apex Court in

Gian singh v. State of Punjab, (2012) 10 SCC 303, 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 – I

final report and all further proceedings pursuant thereto against

the petitioners, pending as C.C.No.284 of 2019 on the files of

the Court of the Judicial Magistrate of First Class, Vatakara are

quashed.

Sd/-

P.B.SURESH KUMAR, JUDGE.

DK
Crl.M.C. No.24 of 2020 5

APPENDIX
PETITIONERS’ EXHIBITS:

ANNEXURE 1 CERTIFIED COPY OF THE FINAL REPORT OF
CRIME NO. 1192/2018 OF THE VATAKARA
POLICE STATION, KOZHIKODE RURAL.

ANNEXURE II AFFIDAVIT FILED BY THE 2ND RESPONDENT
TO THE EFFECT OF SETTLEMENT.

RESPONDENTS’ EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE

DK

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