IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 08TH DAY OF JANUARY 2020 / 18TH POUSHA,
1941
Crl.MC.No.96 OF 2020(B)
AGAINST THE ORDER IN CC NO.657/2019 OF JUDICIAL FIRST
CLASS MAGIST. COURT, ANGAMALY(TEMPORARY)
CRIME NO.508/2019 OF ANGAMALI POLICE STATION, ERNAKULAM
PETITIONERS/ACCUSED:
1 JOY P.D.,
AGED 44 YEARS, S/O. LATE. DEVASSY,
PALATTY KOONATHAN HOUSE, PULLANY, THURAVUOOR,
ANKAMALY, ERNAKULAM DISTRICT.
2 ALIUAKUTTY,
AGED 82 YEARS, W/O. LATE. DEVASSY, PALATTY
KOONATHAN HOUSE, PULLANY, THURAVUOOR,
ANKAMALY, ERNAKULAM DISTRICT.
BY ADV. SMT.K.RAJESWARY
RESPONDENT/COMPLAINANT AND STATE:
1 SMITHA,
AGED 41 YEARS, W/O. JOY, PALATTY KOONATHAN
HOUSE, PULLANY, THURAVUOOR, ANGAMALY,
ERNAKULAM DISTRICT 683 572.
2 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
R1 BY SRI.ADV. SANIL KUNJACHAN
SRI.SANTHOSH PETER PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 08.01.2020, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C. No.96 of 2020 2
Crl.M.C.No.96 of 2020
———————————————–
ORDER
This is a proceedings instituted under Section 482 of
the Code of Criminal Procedure for quashing Annexure – 1 final
report and all further proceedings pursuant thereto now
pending as C.C.No.657 of 2019 on the files of the Court of the
Judicial Magistrate of First Class, Angamaly.
2. The petitioners are the accused in the said case.
The case was one instituted at the instance of the first
respondent under Sections 498A, 341 and 323 read with
Section 34 of the Indian Penal Code.
3. It is seen that the first respondent has settled her
disputes with the petitioners and an affidavit to that effect has
been produced as Annexure A2.
4. Heard the learned counsel for the petitioners,
the learned Public Prosecutor as also the learned counsel for
the first respondent.
5. In the light of the decision of the Apex Court in
Crl.M.C. No.96 of 2020 3
Gian singh v. State of Punjab, (2012) 10 SCC 303, insofar as
the offences alleged against the accused in the case are only
offences punishable under Sections 498A, 341 and 323 read
with Section 34 of the Indian Penal Code, 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-1
final report and all further proceedings pursuant thereto against
the petitioners, pending as C.C.No.657 of 2019 on the files of
the Court of the Judicial Magistrate of First Class, Angamaly are
quashed.
Sd/-
P.B.SURESH KUMAR, JUDGE.
YKB
Crl.M.C. No.96 of 2020 4
APPENDIX
PETITIONER’S/S EXHIBITS:
ANNEXURE 1 A TRUE COPY OF THE FIR AND CHANGE
SHEET IN C.C. NO. 652/2019 PENDING
BEFORE THE JUDICIAL FIRST CLASS
MAGISTRATE COURT ANGAMALY.
ANNEXURE 2 AFFIDAVIT OF THE 1ST RESPONDENT DATED
21/12/2019.
RESPONDENT’S/S EXHIBITS:
NIL
//TRUE COPY//
PA TO JUDGE
