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Judgments of Supreme Court of India and High Courts

Jamsheer K.P vs State Of Kerala on 20 February, 2020

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:
Crl.MC.No.1512 OF 2020(H)

2

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)

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 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
Crl.MC.No.1512 OF 2020(H)

4

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

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