SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Joy P.D vs Smitha on 8 January, 2020

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

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2020 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation