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Judgments of Supreme Court of India and High Courts

Nisar.P.K vs State Of Kerala on 13 February, 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

THURSDAY, THE 13TH DAY OF FEBRUARY 2020 / 24TH MAGHA, 1941

Crl.MC.No.1281 OF 2020(A)

CRIME NO.95/2020 OF Quilandy Police Station , Kozhikode

PETITIONER/ACCUSED:

NISAR.P.K
AGED 34 YEARS
S/O.HAMEED, PALAYULLA KANDI, MOODADI, MUCHUKUNNU,
KOYILANDY, KOZHIKODE DISTRICT,
PIN-673307

BY ADV. SMT.K.DEEPA (PAYYANUR)

RESPONDENTS/STATE DE-FACTO COMPLAINANT:

1 STATE OF KERALA
REP. BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM PIN-682031

2 ANSILA T.M
29 YEARS, D/O.ABDURAHIMAN, KALLUVALAPPIL HOUSE,
CHIRAPPURATH, PURAKKAD, MELADY POST, KOYILANDY,
KOZHIKODE DISTRICT-673522

R2 BY ADV. AKHILA K NAMBIAR
SRI.AMJAD ALI – SR.PP

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
13.02.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.1281 OF 2020(A)

2

Crl.M.C.No.1281 of 2020
———————————————–

ORDER

This is a proceedings under Section 482 of the Code

of Criminal Procedure for quashing Annexure – I First

Information Report and all further proceedings pursuant

thereto in Crime No.95 of 2020 of Quilandy Police Station.

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

The case was one registered under Sections 498A, 341 and

323 of the Indian Penal Code.

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

complainant have amicably settled the disputes. An affidavit

sworn to by the de facto complainant to that effect is part of

the records.

4. Heard the learned counsel for the petitioner,

the learned Public Prosecutor as also the learned counsel for

de facto complainant.

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

the matrimonial discord between the de facto complainant
Crl.MC.No.1281 OF 2020(A)

3

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 –

I First Information Report and all further proceedings pursuant

thereto in Crime No.95 of 2020 of Quilandy Police Station are

quashed.

Sd/-

P.B.SURESH KUMAR, JUDGE.

PV
Crl.MC.No.1281 OF 2020(A)

4

APPENDIX
PETITIONER’S EXHIBITS:

ANNEXURE I CERTIFIED COPY OF THE FIR OF CRIME
NO.95/2020 OF THE QUILANDY POLICE
STATION, KOZHIKODE

ANNEXURE II AFFIDAVIT DATED 06.02.2020 FILED BY
THE 2ND RESPONDENT WITH RESPECT TO THE
SETTLEMENT OF DISPUTES WITH THE
PETITIONER

RESPONDENTS’ EXHIBITS: NIL

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