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Biju vs State Of Kerala on 21 January, 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

TUESDAY, THE 21ST DAY OF JANUARY 2020 / 1ST MAGHA, 1941

Crl.MC.No.548 OF 2020(G)

AGAINST THE ORDER/JUDGMENT IN CC 1102/2017 OF JUDICIAL
MAGISTRATE OF FIRST CLASS ,IRINJALAKUDA

CRIME NO.333/2017 OF Irinjalakuda Police Station ,
Thrissur

PETITIONERS/ACCUSED:

1 BIJU, AGED 42 YEARS
S/O JOSE ,EDAPPILLY HOUSE,THUMBOOR
DESOM,KOTTANELLOOR VILLAGE,MUKUNDAPURAM
TALUK,THRISSUR DISTRICT.

2 JOSE, AGED 68 YEARS
S/O LONA,THUMBOOR DESOM,
KOTTANELLOOR VILLAGE,MUKUNDAPURAM
TALUK,THRISSUR DISTRICT.

3 ROSILY, AGED 53 YEARS
W/O JOSE,THUMBOOR DESOM,KOTTANELLOOR VILLAGE,
MUKUNDAPURAM TALUK,THRISSUR DISTRICT.

BY ADVS.
SRI.SANTHOSH P.PODUVAL
SMT.R.RAJITHA
SMT.CHITHRA.S.BABU
SRI.R.N.SANDEEP

RESPONDENTS/STATE, DEFACTO COMPLAINANT:

1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031.

2 SIJI, AGED 34 YEARS,
W/O EDAPPILLY BIJU,THUMBOOR DESOM,
KOTTANELLUR VILLAGE,MUKUNDAPURAM TALUK,
THRISSUR DISTRICT-680733.

R2 BY ADV. M.REVIKRISHNAN
BY SR. PP SRI. SANTHOSH PETER

THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 21.01.2020, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
Crl.MC.No.548 OF 2020(G)

..2..

Crl.M.C. No. 548 of 2020
——————————–

ORDER

This is a proceedings under Section 482 of the Code

of Criminal Procedure for quashing Annexure-A Final Report

pending trial before the Judicial First Class Magistrate Court,

Irinjalakkuda in C.C.No. 1102 of 2017.

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

The case was one registered under Section 498A 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
Crl.MC.No.548 OF 2020(G)

..3..

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-A

Final Report pending trial before the Judicial First Class

Magistrate Court, Irinjalakkuda in C.C.No. 1102 of 2017 and all

further proceedings thereto are quashed.

Sd/-

P.B.SURESH KUMAR
JUDGE
ds 22.01.2020
Crl.MC.No.548 OF 2020(G)

..4..

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A CERTIFIED COPY OF FINAL REPORT IN
CRIME NO.333/17 OF IRINJALAKUDA POLICE
STATION

ANNEXURE B TRUE COPY OF COMPROMISE PETITION
SUBMITTED IN O.P.858/16 BEFORE THE
FAMILY COURT,IRINJALAKUDA.

ANNEXURE C AFFIDAVIT SWORN BY THE 2ND RESPONDENT.

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