SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Sameer 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.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
Crl.MC.No.516 OF 2020(D)

..2..

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:
Crl.MC.No.516 OF 2020(D)

..3..

Crl.M.C. No. 516 of 2020
——————————-

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
Crl.MC.No.516 OF 2020(D)

..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 –

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
Crl.MC.No.516 OF 2020(D)

..5..

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.

Leave a Reply

Your email address will not be published.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

Copyright © 2020 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