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Judgments of Supreme Court of India and High Courts

Magi @ Mary vs State Of Kerala on 13 January, 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

MONDAY, THE 13TH DAY OF JANUARY 2020 / 23RD POUSHA, 1941

Crl.MC.No.235 OF 2020(H)

AGAINST CC 184/2016 ON THE FILES OF JUDICIAL FIRST CLASS
MAGISTRATE COURT -II, PALAKKAD

PETITIONERS/ACCUSED NOS.2 3:

1 MAGI @ MARY
AGED 65 YEARS
W/O. K.A.JOHNY,
KUDILINKAL HOUSE, VADHYAR LANE,
AZAD ROAD, KALOOR, KOCHI-17

2 JOHNY SHIMANI
S/O. K.A.JOHNY,
KUDILINKAL HOUSE, VADHYAR LANE,
AZAD ROAD, KALOOR, KOCHI-17

BY ADV. SRI.K.BIJU

RESPONDENTS/RESPONDENTS/COMPLAINANT:

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

2 STATION HOUSE OFFICER
MANKARA POLICE STATION,
REPRESENTED BY PUBLIC PROSECUTOR, PALAKKAD

3 THERESA
AGED 33 YEARS
D/O. P.J.BABU,
PARANILAM HOUSE, MANKURISSI,
KALLOOR POST, MANKARA, PALAKKAD
(NOW RESIDING IN NEWZELAND 5SC, ELIZABATH ST,
VICTORIA, ROTORVIA CITY, POST CODE – 3010)

R3 BY ADV. PREMSON PAUL
R1 R2 BY SRI.AMJED ALI, SR.PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
13.01.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.235 of 2020 2

ORDER

This is a proceedings under Section 482 of the Code

of Criminal Procedure for quashing Annexure – A2 Final Report

pending trial before the Judicial First Class Magistrate Court – II,

Palakkad in C.C.No.184 of 2016.

2. The petitioners are the accused in the said case.

The case was one registered under Sections 341, 323 and

498A read with Section 34 of the Indian Penal Code.

3. It is stated that the petitioners and the de facto

complainant of the crime have amicably settled the disputes

and an affidavit sworn to by the de facto complainant is part of

the records.

4. Heard the learned counsel for the petitioners,

the learned Public Prosecutor as also the learned counsel for the

de facto complainant.

5. In the light of the decision of the Apex Court in

Gian singh v. State of Punjab, (2012) 10 SCC 303, insofar as
Crl.M.C.No.235 of 2020 3

the offences alleged against the petitioners are only offences

punishable under Sections 341, 323 and 498A 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.

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

A2 Final Report pending trial before the Judicial First Class

Magistrate Court – II, Palakkad in C.C.No.184 of 2016 and all

further proceedings thereto are quashed.

Sd/-

P.B.SURESH KUMAR, JUDGE.

DK
Crl.M.C.No.235 of 2020 4

APPENDIX

PETITIONERS’ ANNEXURES:

ANNEXURE-A1 TRUE COPY OF THE FIR IN CRIME
NO.600/15 OF MANKARA POLICE STATION,
PALAKKAD DIST., DTD. 13.10.2015

ANNEXURE-A2 TRUE COPY OF THE FINAL REPORT IN CRIME
NO.600/15 OF MANKARA POLICE STATION,
PALAKKAD DIST., DTD. 31.12.2015

ANNEXURE-A3 TRUE COPY OF THE AFFIDAVIT OF THE
DEFACTO COMPLAINANT – 3RD RESPONDENT

RESPONDENTS’ ANNEXURES: NIL

//TRUE COPY//

PA TO JUDGE

DK

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