IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
THURSDAY, THE 20TH DAY OF FEBRUARY 2020 / 1ST PHALGUNA, 1941
Crl.MC.No.1512 OF 2020(H)
AGAINST C.C No. 547/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS
,THALASSERY
CRIME NO.813/2018 OF Chokli Police Station, Kannur
PETITIONER/ACCUSED:
JAMSHEER K.P
AGED 31 YEARS
S/O.MUSTAFFA, RESIDING AT KALLINKAL PUTHIYAPURAYIL,
IRIKKUR.P.O, PEDAYANKODU DESOM, IRIKKUR AMSOM
BY ADV. SRI.C.K.SREEJITH
RESPONDENTS/STATE, COMPLAINANT DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031
2 STATION HOUSE OFFICER
IRIKKUR POLICE STATION, KANNUR DIST. REPRESENTED BY
PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM-682031
3 SHAHANA SHERIN.C.S
AGED 20 YEARS
D/O.SHAKKEER, RESIDING AT KUNNUMMAKANDY HOUSE,
MENAPPURAM DESOM, CHOKLI.P.O., KANNUR DIST-670672
R3 BY ADV. SHEEJA P.D.
SRI.SANTHOSH PETER – SR.PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
20.02.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.M.C.No.1512 of 2020
———————————————–
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,
Thalassery in C.C.No.547 of 2019.
2. The petitioner is the accused in the said case.
The case was one registered under Sections 406 and 498A
read with Section 34 of the Indian Penal Code.
3. It is seen that the petitioner 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 petitioner,
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
Crl.MC.No.1512 OF 2020(H)
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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 Procedure.
In the result, the Crl.M.C. is allowed and Annexure –
A3 Final Report pending trial before the Judicial First Class
Magistrate Court, Thalassery in C.C.No.547 of 2019 and all
further proceedings thereto are quashed.
Sd/-
P.B.SURESH KUMAR, JUDGE.
PV
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APPENDIX
PETITIONER’S EXHIBITS:
ANNEXURE A1 THE CERTIFIED COPY OF THE COMPLAINT
FILED BEFORE THE JUDICIAL 1ST CLASS
MAGISTRATE COURT THALASSERY AS CMP
NO.4679/2018
ANNEXURE A2 THE CERTIFIED COPY OF THE FIR IN CRIME
NO.813/2018 ON THE FILE OF CHOKLI
POLICE STATION, KANNUR DIST
ANNEXURE A3 THE CERTIFIED COPY OF THE FINAL REPORT
IN CRIME NO.813/18 ON THE FILE OF
CHOKLI POLICE STATION, KANNUR DIST
ANNEXURE A4 THE TRUE COPY OF THE AGREEMENT FOR
DIVORCE
ANNEXURE A5 THE AFFIDAVIT SWORN BY 3RD RESPONDENT
RESPONDENTS’ EXHIBITS: NIL
