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.516 OF 2020(D)
AGAINST THE ORDER/JUDGMENT IN CC 13/2017 OF JUDICIAL
MAGISTRATE OF FIRST CLASS ,SULTHANBATHERY
CRIME NO.665/2016 OF Ambalavayal Police Station , Wayanad
PETITIONERS/ACCUSED (1 TO 4):
1 SAMEER, AGED 39 YEARS
S/O. MUHAMMED, KUTTIPPURAM HOUSE, 5TH MILE,
CHULLIYODU, NENMENY AMSAM, SULTHAN BATHERY,
WAYANAD DIST. 673 592.
2 PATHUMMA, AGED 70 YEARS
W/O. MUHAMMED, KUTTIPPURAM HOUSE, 5TH MILE,
CHULLIYODU, NENMENY AMSAM, SULTHAN BATHERY,
WAYANAD DIST. 673 592.
3 AYISHAKKUTTY, AGED 61 YEARS
W/O. SAITHALAVI, OTTAYIL HOUSE, 5TH MILE,
CHULLIYODU, NENMENY AMSAM, SULTHAN BATHERY,
WAYANAD DIST-673 592
4 SAITHALAVI, AGED 69 YEARS
S/O. KADER, OTTAYIL HOUSE, 5TH MILE,
CHULLIYODU, NENMENY AMSAM, SULTHAN BATHERY,
WAYANAD DIST-673 592
BY ADVS.
SRI.TONY THOMAS (INCHIPARAMBIL)
SRI.K.J.VIJAYAKUMAR
RESPONDENTS/DE FACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031
2 THE SUB INSPECTOR OF POLICE,
AMBALAVAYAL, POLICE STATION, WAYANAD-673 571
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3 AYISHA
D/O. MUHAMMED, POOVALLUR HOUSE, PINANGOD,
ACHOORANAN VILLAGE, VYTHIRI TALUK, WAYANAD-673
576
R3 BY ADV. E.S.FIROS
BY SR. PP SRI. SANTHOSH PETER
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 21.01.2020, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
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Crl.M.C. No. 516 of 2020
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ORDER
This is a proceedings under Section 482 of the Code
of Criminal Procedure for quashing Annexure – A-II Final Report
pending trial before the Judicial First Class Magistrate Court-I,
Sulthan Bathery in C.C.No. 13 of 2017.
2. The petitioners are accused Nos. 1 to 4 in the
said case. The case was one registered under Section 498A 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 and
her husband, the first accused. Though the matter is settled
between the parties, I have examined the accusation in the
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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 –
A-II Final Report pending trial before the Judicial First Class
Magistrate Court-I, Sulthan Bathery in C.C.No. 13 of 2017 and
all further proceedings thereto are quashed.
Sd/-
P.B.SURESH KUMAR
JUDGE
ds 22.01.2020
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APPENDIX
PETITIONER’S/S EXHIBITS:
ANNEXURE AI A CERTIFIED COPY OF THE FIRST
INFORMATION REPORT NO. 665/2016 OF THE
AMBALAVAYAL, POLICE STATION, WAYANAD
DATED ON 24.10.2016.
ANNEXURE AII TRUE CERTIFIED COPY OF THE FINAL
REPORT/CHARGE SHEET NO. 760/2016 DATED
ON 21.12.2016 OF JUDICIAL FIRST CLASS
MAGISTRATE COURT-I, SULTHAN BATHERY.
ANNEXURE AIII TRUE COPY OF THE AFFIDAVIT FILED BY
THE 3RD RESPONDENT/ DE FACTO
COMPLAINANT.