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
