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Judgments of Supreme Court of India and High Courts

Nishanth vs State Of Kerala on 18 February, 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

TUESDAY, THE 18TH DAY OF FEBRUARY 2020 / 29TH MAGHA, 1941

Crl.MC.No.1413 OF 2020(F)

AGAINST THE IN C.C.No.371/2018 OF JUDICIAL MAGISTRATE OF FIRST
CLASS -I, KOTTARAKKARA

CRIME NO.985/2017 OF Ezhukone Police Station, Kollam

PETITIONER/ACCUSED 1,3 4:

1 NISHANTH
AGED 31 YEARS
S/O.BHAIRAVAN, PLAMMOOD,
KAITHAKODE MURI, PAVITHRESWARAM VILLAGE,
KOLLAM DISTRICT(1ST ACCUSED).

2 PRABHAVATHI,
AGED 54 YEARS
W/O.BHAIRAVAN, PLAMMOOD,
KAITHAKODE MURI, PAVITHRESWARAM VILLAGE,
KOLLAM DISTRICT(3RD ACCUSED).

3 NISHA,
AGED 29 YEARS
D/O.BHAIRAVAN, GURUDAS BHAVAN, NENMENI VADAKK,
NENEMENI VADAKK MURI, MUNRO ISLAND VILLAGE,
KOLLAM TALUK,
KOLLAM DISTRICT(4TH ACCUSED).

BY ADVS.
SRI.C.R.JAYAKUMAR
SRI.NOBEL RAJU

RESPONDENTS/STATE COMPLAINANT:

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

2 THE SHO
EZHUKONE POLICE STATION,
KOLLAM DISTRICT-691 505.
Crl.MC.No.1413 OF 2020(F)

2

3 ATHIRA
AGED 25 YEARS
D/O.GEETHAKUMARI,
GEETHA BAHVAN,
PANANTHOPE, KUNNATHUR MURI, KUNNATHUR
VILLAGE,
KOLLAM DISTRICT-691 540.

R3 BY ADV. S.K.PRADEEP
SRI.AMJAD ALI – SR.PP

THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 18.02.2020, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
Crl.MC.No.1413 OF 2020(F)

3

Crl.M.C.No.1413 of 2020
———————————————–

ORDER

This is a proceedings under Section 482 of the Code

of Criminal Procedure for quashing Annexure – A3 Final Report

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

Kottarakkara in C.C.No.371 of 2018.

2. The petitioners are the accused in the said

case. The case was one registered under Section 498A read

with Section 34 of the Indian Penal Code.

3. It is seen 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
Crl.MC.No.1413 OF 2020(F)

4

and her husband, the first 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 –

A3 Final Report pending trial before the Judicial First Class

Magistrate Court – I, Kottarakkara in C.C.No.371 of 2018 and

all further proceedings thereto are quashed.

Sd/-

P.B.SURESH KUMAR, JUDGE.

PV
Crl.MC.No.1413 OF 2020(F)

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APPENDIX
PETITIONERS’ EXHIBITS:

ANNEXURE A1 THE TRUE COPY OF THE DEATH CERTIFICATE
OF 2ND ACCUSED DATED 12.04.2018 ISSUED
FROM ADICHANALLOOR GRAMA PANCHAYATH.

ANNEXURE A2 THE CERTIFIED COPY OF THE FIR
NO.985/2017 OF EZHUKONE POLICE
STATION, KOLLAM.

ANNEXURE A3 THE CERTIFIED COPY OF THE FINAL REPORT
IN FIR NO.985/2017 OF EZHUKONE POLICE
STATION, KOLLAM.

ANNEXURE A4 AFFIDAVIT BY THE 3RD RESPONDENT DATED
11.11.2019.

RESPONDENTS’ EXHIBITS: NIL

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