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Sajith vs State Of Kerala on 15 January, 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

WEDNESDAY, THE 15TH DAY OF JANUARY 2020 / 25TH POUSHA,
1941

Crl.MC.No.62 OF 2020(G)

AGAINST THE ORDER/JUDGMENT IN SC 329/2019 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -I, PONNANI

CRIME NO.543/2018 OF Ponnani Police Station , Malappuram

PETITIONER/ACCUSED:

SAJITH, AGED 31 YEARS
S/O. GANGADHARAN, RESIDING AT KAKKOLLIYIL,
EZHUVATHIRUTHI AMSOM DESOM, ERIKKAMANNA
DESOM, CHAMRAVATTOM JUNCTION, P. O. PONNANI,
PONNANI TALUK, MALAPPURAM DISTRICT, PIN – 679
577.

BY ADVS.
SRI.J.R.PREM NAVAZ
SHRI.SUMEEN S.

RESPONDENTS:

1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN – 682
031.

2 MIDHULA, AGED 25 YEARS
D/O.MOHANAN, RESIDING AT THANDILATH HOUSE,
ALAMKODE AMSOM DESOM, ALAMKODE POST,
CHANGARAMKULAM, PONNANI TALUK,
MALAPPURAM DISTRICT, PIN – 679 585.

R2 BY ADV. AJOY VENU
BY SR. PP SRI. SANTHOSH PETER

THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 15.01.2020, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
Crl.M.C. No. 62 of 2020

..2..

Crl.M.C. No. 62 of 2020
——————————

ORDER

This is a proceedings under Section 482 of the Code

of Criminal Procedure for quashing Annexure – A2 Final Report

pending trial before the Judicial First Class Magistrate Court,

Ponnani in C.C.No. 329 of 2019.

2. The petitioner is the sole accused in the said

case. The case was one registered under Sections 406 and

498A of the Indian Penal Code.

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

complainant of the crime have amicably settled the disputes

and 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.

5. In the light of the decision of the Apex Court in

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

as the offences alleged against the petitioner are only offences

punishable under Sections 406 and 498A of the Indian Penal
Crl.M.C. No. 62 of 2020

..3..

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.

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

A2 Final Report pending trial before the Judicial First Class

Magistrate Court, Ponnani in C.C.No. 329 of 2019 and all

further proceedings thereto are quashed.

Sd/-

P.B.SURESH KUMAR
JUDGE
ds 17.01.2020
Crl.M.C. No. 62 of 2020

..4..

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 THE CERTIFIED COPY OF THE FIR IN FINAL
REPORT/CHARGE SHEET IN CRIME
NO.543/2018 OF PONNANI POLICE STATION,
MALAPPURAM DISTRICT.

ANNEXURE A2 THE CERTIFIED COPY OF THE FINAL
REPORT/CHARGE SHEET IN CRIME
NO.543/2018 OF PONNANI POLICE STATION,
MALAPPURAM DISTRICT.

ANNEXURE A3 THE AFFIDAVIT, SOLEMNLY AFFIRMED BY
THE 2ND RESPONDENT / DEFACTO
COMPLAINANT.

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