IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
TUESDAY, THE 18TH DAY OF FEBRUARY 2020 / 29TH MAGHA, 1941
Crl.MC.No.1383 OF 2020(C)
105/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS, PAYYOLI
CRIME NO.22/2019 OF Meppayur Police Station, Kozhikode
PETITIONER/DE FACTO COMPLAINANT:
AGED 23 YEARS, D/O.SOOPY, ENTHIYAT HOUSE,
KIZHAPAYUR, MEPPAYUR VILLAGE, CHEURVANNOOR POST,
KOYILANDY TALUK, KOZHIKODE DISTRICT-673 524,
(MEPPAYUR POLICE STATION, KOZHIKODE RURAL).
RESPONDENTS/1ST AND 2ND ACCUSED STATE:
AGED 31 YEARS, S/O.KUNJ ABDULLAH, KUDAKUTTIYIL
HOUSE, MEPPAYUR VILLAGE, CHERUVANNOOR POST,
KOZHIKODE DISTRICT-673 524.
W/O.KUNJ ABDULLAH, KUDAKUTTIYIL HOUSE,
MEPPAYUR VILLAGE, CHERUVANNOOR POST,
KOZHIKODE DISTRICT-673 524.
3 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM
(CRIME NO.22/2019 ON THE FILE OF MEPPAYUR POLICE
STATION, KOZHIKODE RURAL), PIN-682 031.
SRI.AMJAD ALI SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
18.02.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.1383 of 2020 2
Crl.M.C. No.1383 of 2020
This is a proceedings under Section 482 of the Code
of Criminal Procedure for quashing Annexure – B First
Information Report and all further proceedings pursuant thereto
in Crime No.22 of 2019 of Meppayur Police Station.
2. The petitioner is the de facto complainant in the
said case. The case was one registered under Sections 498A,
406 read with Section 34 of the Indian Penal Code.
3. It is seen that the petitioner and respondents Nos.
1 and 2 have amicably settled the disputes.
4. Heard the learned counsel for the petitioner,
the learned Public Prosecutor as also the learned counsel for
respondents 1 and 2.
5. It is seen that the dispute arose on account of
Crl.MC.No.1383 of 2020 3
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. 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
In the result, the Crl.M.C. is allowed and Annexure – B
First Information Report and all further proceedings pursuant
thereto in Crime No.22 of 2019 of Meppayur Police Station are
P.B.SURESH KUMAR, JUDGE.
Crl.MC.No.1383 of 2020 4
ANNEXURE A TRUE COPY OF THE COMPLAINT DATED
06.02.2019 FILED BY THE PETITIONER
BEFORE THE JUDICIAL MAGISTRATE OF
FIRST CLASS, PAYYOLI.
ANNEXURE B CERTIFIED COPY OF THE FIR DATED
06.02.2019 IN CRIME NO.22/2019 OF
MAPPAYUR POLICE STATION.
ANNEXURE C AFFIDAVIT OF PETITIONER (COMPOUND).
PA TO JUDGE