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Judgments of Supreme Court of India and High Courts

Jijimon vs State Of Kerala on 7 January, 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

TUESDAY, THE 07TH DAY OF JANUARY 2020 / 17TH POUSHA, 1941

Crl.MC.No.14 OF 2020(B)

AGAINST C.C.NO.476/2018 ON THE FILE OF COURT OF JUDICIAL
MAGISTRATE OF FIRST CLASS -II, KOLLAM

CRIME NO.2130/2017 OF ERAVIPURAM POLICE STATION, KOLLAM

PETITIONERS/ACCUSED NO.1 AND 2:

1 JIJIMON
AGED 32 YEARS
S/O.JUSTIN, 125, ANDARAPARAMBIL VEEDU,
VELANKANNI NAGAR, THEKKUBHAGOM CHERIYIL,
MUNDAKKAL VILLAGE, KOLLAM.

2 JASMIN
AGED 53 YEARS
W/O.JUSTIN, 125, ANDARAPARAMBIL VEEDU,
VELANKANNI NAGAR, THEKKUBHAGOM CHERIYIL,
MUNDAKKAL VILLAGE, KOLLAM.

BY ADV. SRI.S.MOHAMMED AL RAFI

RESPONDENTS/STATE COMPLAINANT:

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

2 ASHLY,
D/O.JOSEPH MORIS, AGED 29 YEARS, ST.JOSEPH
HOUSE, SAKTIKULANGARA.P.O.,
KOLLAM DISTRICT-691581.

R2 BY ADV. ANIL K.MOHAMMED
R1 BY SRI.SANTHOSH PETER, PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 07.01.2020, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C. No.14 of 2020 2

ORDER

This is a proceedings instituted under Section 482 of

the Code of Criminal Procedure for quashing Annexure – A final

report in CC No.476 of 2018 on the files of the Court of the

Judicial Magistrate of First Class – II, Kollam.

2. The petitioners are accused Nos.1 and 2 in the

said case instituted at the instance of the second respondent

for offences punishable under Sections 498A read with Section

34 of the Indian Penal Code.

3. It is seen that the second respondent has settled

her disputes with the petitioners, and an affidavit to that effect

has been filed as Annexure – B.

4. Heard the learned counsel for the petitioners,

the learned Public Prosecutor as also the learned counsel for the

second respondent.

5. The learned counsel for the second respondent
Crl.M.C. No.14 of 2020 3

affirmed that Annexure – B affidavit is one sworn to by the

second respondent and submitted that the second respondent

has no objection in allowing the prayer of the petitioners.

6. In the light of the decisions of the Apex Court in

Gian singh v. State of Punjab, (2012) 10 SCC 303, 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 against the

petitioners.

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

final report in CC No.476 of 2018 on the files of the Court of the

Judicial Magistrate of the First Class – II, Kollam are quashed.

Sd/-

P.B.SURESH KUMAR, JUDGE.

DK
Crl.M.C. No.14 of 2020 4

APPENDIX
PETITIONERS’ EXHIBITS:

ANNEXURE A TRUE COPY OF THE FINAL REPORT IN CRIME
NO.2130/17 OF ERAVIPURAM POLICE
STATION.

ANNEXURE B NOTARISED AFFIDAVIT SWORN BY 2ND
RESPONDENT.

RESPONDENTS’ EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE

DK

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