SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Sarathkumar vs The State Of Kerala on 8 January, 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

WEDNESDAY, THE 08TH DAY OF JANUARY 2020 / 18TH POUSHA, 1941

Crl.MC.No.98 OF 2020(B)

AGAINST THE ORDER IN CC No.653/2019 OF JUDICIAL MAGISTRATE OF
FIRST CLASS-I, IRINJALAKUDA

CRIME NO.108/2019 OF IRINJALAKUDA POLICE STATION, THRISSUR

PETITIONER/SOLE ACCUSED:

SARATHKUMAR,
AGED 34 YEARS, S/O. SREEKUMAR,
CHULLIPARAMBIL HOUSE, ARATTUPUZHA DESOM,
ARATTUPUZHA VILLAGE, MUKUNDAPURAM TALUK, THRISSUR

BY ADV. SRI.N.L.BITTO

RESPONDENTS/STATE OF KERALA AND THE COMPLAINANT:

1 THE STATE OF KERALA,
REP BY THE SUB INSPECTOR OF POLICE, IRINJALAKUDA
POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH
COURT OF KERALA AT ERNAKULAM 682 031

2 ANJANA RAJ,
AGED 27 YEARS, D/O. RAJAGOPALAN,
PUTHIYEDATH HOUSE, MADATHUMPADI DESOM,
MADATHUMPADI VILLAGE, KODUNGALLORE TALUK, THRISSUR
DISTRICT 680 711

R2 BY ADV. K.SUDHINKUMAR
SRI. SANTHOSH PETER PP

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
08.01.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C. No.98 of 2020 2

Crl.M.C.No.98 of 2020
———————————————–
ORDER

This is a proceedings instituted under Section 482 of

the Code of Criminal Procedure for quashing Annexure – II final

report and all further proceedings pursuant thereto now

pending as C.C. No.653 of 2019 on the files of the Court of the

Judicial Magistrate of First Class – I, Irinjalakuda.

2. The petitioner is the sole accused in the said

case. The case was one instituted at the instance of the second

respondent under Section 498A of the Indian Penal Code.

3. It is seen that the second respondent has settled

her dispute with the petitioner and an affidavit to that effect

has been produced as Annexure – IV.

4. Heard the learned counsel for the petitioner,

the learned Public Prosecutor as also the learned counsel for

the second respondent.

Crl.M.C. No.98 of 2020 3

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 offence alleged against the petitioner is only an offence

punishable under Section 498A of the Indian Penal 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 against the

petitioner.

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

final report and all further proceedings pursuant thereto against

the petitioner pending as CC No.653 of 2019 on the files of the

Court of the Judicial Magistrate of First Class – I, Irinjalakuda are

quashed.

Sd/-

P.B.SURESH KUMAR, JUDGE.

YKB
Crl.M.C. No.98 of 2020 4

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE 1 A TRUE COPY OF THE FIR IN CRIME NO 108
OF 2019 DATED 2/2/2019 OF THE
IRINJALAKUDA POLICE STATION

ANNEXURE II A TRUE COPY OF THE FINAL REPORTS IN
CRIME NO. 108 OF 2019 DATED 28/2/2019
OF THE IRINJALAKUDA POLICE STATION.

ANNEXURE III A TRUE COPY OF THE MEDIATION AGREEMENT
BETWEEN THE PETITIONERS AND THE 2ND
RESPONDENT DATED 12/11/2019

ANNEXURE IV ORIGINAL AFFIDAVIT OF THE 2ND
RESPONDENT DATED 24/10/2019

RESPONDENT’S/S EXHIBITS:

NIL

//TRUE COPY//

PA TO JUDGE

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