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Harikumar K.K vs State Of Kerala on 9 January, 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

THURSDAY, THE 09TH DAY OF JANUARY 2020 / 19TH POUSHA, 1941

Crl.MC.No.3590 OF 2018

AGAINST THE ORDER/JUDGMENT IN CC 35/2017 OF JUDICIAL MAGISTRATE OF FIRST
CLASS -I MOOVATUPUZHA

CRIME NO.2764/2016 OF Moovattupuzha Police Station , Ernakulam

PETITIONER/ACCUSED:

HARIKUMAR K.K.
AGED 43,
S/O.KRISHNAN NAIR,
KUZHIKKATTILL HOUSE,
THOTTUNGAL PEEDIKA BHAGOM,
RAMANGALAM KARA, MARADY VILLAGE,
MUVATTUPUZHA TALUK

BY ADVS.
SRI.M.B.SANDEEP
SMT.R.ANJANA
SRI.M.J.KIRANKUMAR
SMT.R.PRIYA
SRI.B.SURJITH
SMT.K.P.SREEJA
SMT.SHERIN VARGHESE

RESPONDENTS/COMPLAINANT DEFACTO COMPLAINANT:

1 STATE OF KERALA
REPRESENTED BY SUB INSPECTOR OF POLICE,
CHOTTANIKKARA POLICE STATION,
THROUGH, PUBLIC PROSECUTOR, HIGH COURT OF KERALA

2 AMBILI
AGED 36 YEARS
D/O.VIJAYAN, FACE 2,
HILL PALACE APARTMENT,
KESAVAMPADI, THIRUVANKULAM,
ERNAKULAM – PIN 682305

R1 BY ADV. SRI.AJEESH S.BRITE
SRI.SANTHOSH PETER – SR.PP

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
09.01.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.3590 OF 2018

2

Crl.M.C.No.3590 of 2018
———————————————–

ORDER

This is a proceedings under Section 482 of the Code

of Criminal Procedure for quashing Annexure – A3 Final Report

pending trial before the Judicial First Class Magistrate Court – I,

Muvattupuzha in C.C.No.35 of 2017.

2. The petitioner is the accused in the said case.

The case was one registered under Sections 420 and 498A of

the Indian Penal Code.

3. It is stated that the petitioner and the de facto

complainant 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
Crl.MC.No.3590 OF 2018

3

as the offences alleged against the petitioner are only

offences punishable under Sections 420 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.

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

A3 Final Report pending trial before the Judicial First Class

Magistrate Court – I, Muvattupuzha in C.C.No.35 of 2017 is

quashed.

Sd/-

P.B.SURESH KUMAR, JUDGE.

PV
Crl.MC.No.3590 OF 2018

4

APPENDIX
PETITIONER’S EXHIBITS:

ANNEXURE A1 TRUE COPY OF THE CHARGE SHEET IN
S.C.NO.82/2017 ON THE FILES OF
ADDITIONAL DISTRICT AND SESSIONS
COURT, ERNAKULAM (FOR THE TRIAL OF
CASES RELATING TO ATROCITIES AND
SEXUAL VIOLENCE AGAINST WOMEN AND
CHILDREN).

ANNEXURE A2 TRUE COPY OF THE FIRST INFORMATION
STATEMENT IN CRIME NO.2764/2016 OF
MOOVATTUPUZHA POLICE STATION.

ANNEXURE A3 CERTIFIED COPY OF THE FINAL REPORT IN
CC NO.35/2017 ON THE FILES OF
HONOURABLE JUDICIAL FIRST CLASS
MAGISTRATE COURT- I, MUVATTUPUZHA.

ANNEXURE A4 THE AFFIDAVIT FILED BY THE 2ND
RESPONDENT

RESPONDENTS’ EXHIBITS: NIL

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