SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Nishadh vs State Of Kerala on 21 January, 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

TUESDAY, THE 21ST DAY OF JANUARY 2020 / 1ST MAGHA, 1941

Crl.MC.No.3 OF 2020(A)

AGAINST THE ORDER/JUDGMENT IN CC 598/2018 OF JUDICIAL
MAGISTRATE OF FIRST CLASS – I, KARUNAGAPPALLY

CRIME NO.600/2018 OF Karunaagapally Police Station ,
Kollam

PETITIONERS/ACCUSED NOS 1 TO 3:

1 NISHADH, AGED 29 YEARS
S/O. MUHAMMAD HANEEPHA, NISHA MANZIL HOUSE,
KADATHOOR MURI, THAZHAVA VILLAGE, THAZHAVA
P.O. KARUNAGAPPALLY TALUK, KOLLAM DISTRICT
690 523.

2 SHAHIDHA, AGED 44 YEARS
W/O. MUHAMMAD HANEEPHA, NISHA MANZIL HOUSE,
KADATHOOR MURI, THAZHAVA VILLAGE, THAZHAVA
P.O. KARUNAGAPPALLY TALUK, KOLLAM DISTRICT
690 523.

3 ANSHADH @ KOCHUMON, AGED 37 YEARS
S/O. MUHAMMAD HANEEPHA, NISHA MANZIL HOUSE,
KADATHOOR MURI, THAZHAVA VILLAGE, THAZHAVA
P.O. KARUNAGAPPALLY TALUK, KOLLAM DISTRICT
690 523.

BY ADV. SRI.M.G.SREEJITH

RESPONDENTS/STATE COMPLAINANT:

1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM DISTRICT 682
031.

2 THE SHO, KARUNAGAPPLLY POLICE STATION
KARUNAGAPPALLY, KOLLAM DISTRICT 690523.
Crl.MC.No.3 OF 2020(A)

..2..

3 SHEMI, AGED 24 YEARS
W/O. NISHADH, KOPRAPURA HOUSE, KANNAMBALLI
BHAGAM, KAREELAKULANGARA VILLAGE,
KARTHIKAPPALLI TALUK, ALAPPUZHA DISTRICT 690
501.

R3 BY ADV. G.PADMAKUMAR
BY SR. PP SRI. AMJED ALI

THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 21.01.2020, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
Crl.MC.No.3 OF 2020(A)

..3..

Crl.M.C. No. 3 of 2020
————————————–

ORDER

This is a proceedings under Section 482 of the Code

of Criminal Procedure for quashing Annexure-AI Final Report

pending trial before the Judicial First Class Magistrate Court,

Karunagappally in C.C.No. 598 of 2018.

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

The case was one registered under Sections 498A, 341, 323,

324 and 294(b) 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.

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. It is seen that the dispute arose on account of

the matrimonial discord between the de facto complainant and

her husband, the first accused. Though the matter is settled

between the parties, I have examined the accusation in the
Crl.MC.No.3 OF 2020(A)

..4..

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-AI

Final Report pending trial before the Judicial First Class

Magistrate Court, Karunagappally in C.C.No. 598 of 2018 and

all further proceedings thereto are quashed.

Sd/-

P.B.SURESH KUMAR
JUDGE
ds 22.01.2020
Crl.MC.No.3 OF 2020(A)

..5..

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF FINAL REPORT IN C.C.

NO. 598/2018 BEFORE THE JUDICIAL FIRST
CLASS MAGISTRATE COURT, KARUNAGAPALLY.

ANNEXURE A2 THE AFFIDAVIT FILED BY THE 3RD
RESPONDENT DATED 26.12.2019.

Leave a Reply

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


Not found ...? HOW TO WIN 498a, DV, DIVORCE; Search in Above link

All Law documents and Judgment copies
Laws and Bare Acts of India
Landmark SC/HC Judgements
Rules and Regulations of India.

STUDY REPORTS

Copyright © 2021 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