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
