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Mr.Priyadarsi Biswal vs The State Of Kerala on 20 February, 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

THURSDAY, THE 20TH DAY OF FEBRUARY 2020 / 1ST PHALGUNA,
1941

Crl.MC.No.1521 OF 2020(A)

PROCEEDINGS IN CC 1474/2019 ON THE FILES OF ADDITIONAL
CHIEF JUDICIAL MAGISTRATE (ECONOMIC OFFENCES),ERNAKULAM

CRIME NO.1378/2018 OF ERNAKULAM SOUTH POLICE STATION

PETITIONER/ACCUSED:

MR.PRIYADARSI BISWAL
AGED 41 YEARS
S/O. BADRI NARAYAN BISWAL, 7D PANIGRAHI,
DHARAMBIR ENCLAVE, PANAMPILLY NAGAR,
ERNAKULAM – 682036.

BY ADVS.
SRI.T.B.SHAJIMON
SMT.GOVINDU P.RENUKADEVI

RESPONDENTS/COMPLAINANT STATE:

1 THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
COCHIN – 682 011.

2 MRS.RATIKA BHATNAGAR
AGED 37 YEARS
D/O. AJIT BHATNAGAR, NOW RESIDING AT 6D ABAD
IKBAMA APARTMENT, VIDYA NAGAR CROSS ROAD,
KADAVANTHARA P. O., KOCHI – 682 020.

R2 BY ADV. SAIBY JOSE KIDANGOOR
R1 BY SRI. E.C. BINISH, PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 20.02.2020, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C.No.1521 of 2020
2

Crl.M.C.No.1521 of 2020
———————————————–
ORDER

This is a proceedings under Section 482 of the Code

of Criminal Procedure for quashing Annexure – A1 Final Report

pending trial before the Additional Chief Judicial Magistrate

Court (Economic Offences), Ernakulam in C.C.No.1474 of 2019.

2. The petitioner is the accused in the said case.

The case was one registered under Section 498A of the Indian

Penal Code.

3. It is seen that the petitioner and the de facto

complainant of the crime have amicably settled the disputes.

An affidavit sworn to by the de facto complainant is part of the

records.

4. Heard the learned counsel for the petitioner,

the learned Public Prosecutor as also the learned counsel for the

de facto complainant.

Crl.M.C.No.1521 of 2020
3

5. It is seen that the dispute arose on account of

the matrimonial discord between the de facto complainant and

her husband, the accused. Though the matter is settled

between the parties, I have examined the accusation in the

case and found that this is a matter that could be settled and

closed in the light of the decisions of the Apex Court in Jitendra

Raghuvanshi v. Babita Raghuvanshi, (2013) 4 SCC 58 and

Gian singh v. State of Punjab, (2012) 10 SCC 303, invoking

the jurisdiction under Section 482 of the Code of Criminal

Procedure

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

A1 Final Report pending trial before the Additional Chief Judicial

Magistrate Court (Economic Offences), Ernakulam in

C.C.No.1474 of 2019 and all further proceedings thereto are

quashed.

Sd/-

P.B.SURESH KUMAR, JUDGE.

DK
Crl.M.C.No.1521 of 2020
4

APPENDIX
PETITIONER’S EXHIBITS:

ANNEXURE A1 THE CERTIFIED COPY OF THE CHARGE SHEET /
FINAL REPORT FILED AGAINST THE
PETITIONER.

ANNEXURE A2 THE PHOTO COPY THE AWARD BY LOK ADALAT
HELD ON 17.1.2020.

ANNEXURE A3 THE AFFIDAVIT EXECUTED BY THE 2ND
RESPONDENT.

RESPONDENTS’ EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE

DK

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