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.79 OF 2020(H)
AGAINST THE ORDER IN CMP 4827/2019 OF JUDICIAL MAGISTRATE
OF FIRST CLASS, KAYAMKULAM
CRIME NO.2250/2019 OF KAYAMKULAM POLICE STATION, ALAPPUZHA
PETITIONERS/1ST, 2ND, 3RD AND 4TH ACCUSED:
1 MAHESH G.NAIR,
AGED 30 YEARS, S/O GOPINADHAN NAIR,
MAYA BHAVANAM, POTHANCODE, KAITHOORKONAM P.O.,
THIRUVANANTHAPURAM-695 584.
2 VALSALA G NAIR,
AGED 62 YEARS, W/O GOPINADHAN NAIR,
MAYA BHAVANAM, POTHANCODE, KAITHOORKONAM P.O.,
THIRUVANANTHAPURAM-695 584.
3 GOPINADHAN NAIR,
AGED 72 YEARS, MAYA BHAVANAM,
POTHANCODE, KAITHOORKONAM P.O.,
THIRUVANANTHAPURAM-695 584.
4 MAYA,
AGED 40 YEARS, W/O KRISHNAN, MAYA BHAVANAM,
POTHANCODE, KAITHOORKONAM P.O.,
THIRUVANANTHAPURAM-695 584.
BY ADV. SRI.K.R.SUNIL
RESPONDENTS/DE FACTO COMPLAINANT/STATE:
1 MINU NAIR,
W/O MAHESH G NAIR, “KARTHIKA”, KAVUM KADAYIL,
CHERAVALLY MURI, KAYAMKULAM VILLAGE,
KARTHIKAPALLY TALUK, ALAPPUZHA-690 516.
Crl.M.C. No.79 of 2020 2
2 THE STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031.
R1 BY ADV. SABI C SHAJI
SRI T.R.RENJITH
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.79 of 2020 3
Crl.M.C.No.79 of 2020
———————————————–
ORDER
This is a proceedings instituted under Section 482 of
the Code of Criminal Procedure for quashing Annexure – A2 first
information report and all further proceedings pursuant thereto
in Crime No.2250 of 2019 of Kayamkulam Police Station.
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, 506(ii) and 34 of the Indian
Penal Code.
3. It is seen that the first respondent has settled her
disputes with the petitioners and an affidavit sworn to by her to
that effect has been produced as Annexure A3.
4. Heard the learned counsel for the petitioners,
the learned Public Prosecutor as also the learned counsel for
first respondent.
5. In the light of the decision of the Apex Court in
Crl.M.C. No.79 of 2020 4
Gian singh v. State of Punjab, (2012) 10 SCC 303, insofar as
the offences alleged against the petitioners are only offences
punishable under Sections 498A, 506(ii) and 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 –
A2 first information report and all further proceedings pursuant
thereto in Crime No.2250 of 2019 of Kayamkulam Police Station
are quashed.
Sd/-
P.B.SURESH KUMAR, JUDGE.
YKB
Crl.M.C. No.79 of 2020 5
APPENDIX
PETITIONER’S/S EXHIBITS:
ANNEXURE A1 THE CERTIFIED COPY OF THE PRIVATE
COMPLAINT IN CMP NO 4827 OF 2019 OF
JUDICIAL FIRST CLASS MAGISTRATE COURT,
KAYAMKULAM
ANNEXURE A2 THE CERTIFIED COPY OF THE FIRST
INFORMATION REPORT REGISTERED BY THE
2ND RESPONDENT SUBMITTED BEFORE THE
JUDICIAL FIRST CLASS MAGISTRATE COURT,
KAYAMKULAM
ANNEXURE A3 AFFIDAVIT SWORN BY THE 1ST RESPONDENT
BEFORE THIS HON’BLE COURT
RESPONDENT’S/S EXHIBITS:
NIL
//TRUE COPY//
PA TO JUDGE
