SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Sanju P.M. vs Nadiya 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.567 OF 2020(A)

AGAINST THE ORDER/JUDGMENT IN CC 438/2018 OF JMFC,
KALAMASSERY (TEMPORARY)

CRIME NO.1464/2017 OF Eloor Police Station , Ernakulam

PETITIONER/ACCUSED:

1 SANJU P.M., AGED 39 YEARS
S/O MOHAMMED, PADIYATH HOUSE, EDAMULA,
KADUNGALLOOR, ELOOR P.O.KUTTIKKATTUKARA,
ERNAKULAM DIST, PIN-683 501.

2 MOHAMMED,AGED 60 YEARS
PADIYATH HOUSE, EDAMULA, KADUNGALLOOR,
ELOOR P.O.KUTTIKKATTUKARA,
ERNAKULAM DIST, PIN-683 501.

3 ROOBY, AGED 55 YEARS
W/O MOHAMMED, PADIYATH HOUSE, EDAMULA,
KADUNGALLOOR, ELOOR P.O.KUTTIKKATTUKARA,
ERNAKULAM DIST, PIN-683 501.

4 SMERA, AGED 30 YEARS
D/O MOHAMMED, PADIYATH HOUSE, EDAMULA,
KADUNGALLOOR, ELOOR P.O.KUTTIKKATTUKARA,
ERNAKULAM DIST, PIN-683 501.

BY ADVS.
SRI.C.D.JOHNY
SRI.LIFFY P. FRANCIS

RESPONDENTS:

1 NADIYA, AGED 31 YEARS
W/O SANJU, PADIYATH HOUSE, EDAMULA,
KADUNGALLOOR, ELOOR P.O.KUTTIKKATTUKARA,
ERNAKULAM DIST, PIN-683 501.
Crl.MC.No.567 OF 2020(A)

..2..

2 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM

R1 BY ADV. V.J.RUBY
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.567 OF 2020(A)

..3..

Crl.M.C. No. 567 of 2020
———————————

ORDER

This is a proceedings under Section 482 of the Code

of Criminal Procedure for quashing Annexure A-3 Final Report

pending trial before the Judicial First Class Magistrate Court,

Kalamassery in C.C.No. 438 of 2018.

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.567 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 A-

3 Final Report pending trial before the Judicial First Class

Magistrate Court, Kalamassery in C.C.No. 438 of 2018 and all

further proceedings thereto are quashed.

Sd/-

P.B.SURESH KUMAR
JUDGE
ds 22.01.2020
Crl.MC.No.567 OF 2020(A)

..5..

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 THE TRUE COPY OF FIR FILED BEFORE THE
JFCM KALAMASSERY IN CRIME NO 1464/2017
OF ELOOR POLICE STATION

ANNEXURE A2 THE TRUE COPY OF FI STATEMENT DATED
21.12.2017 OF RESPONDENT NO 1

ANNEXURE A3 THE TRUE COPY OF CHARGE SHEET FILED BY
THE SHO ELOOR POLICE STATION BEFORE
THE JFCM KALAMASSERY

ANNEXURE A4 THE AFFIDAVIT SWORN BY THE RESPONDENT
NO 1 DATED 15.1.2020

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