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Shihab T.V vs The State Of Kerala on 6 January, 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

MONDAY, THE 06TH DAY OF JANUARY 2020 / 16TH POUSHA, 1941

Crl.MC.No.9269 OF 2019(G)

AGAINST THE ORDER IN CC NO.1019/2019 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -II, HOSDRUG

CRIME NO.303/2019 OF NILESWARAM POLICE STATION, KASARGOD

PETITIONER/ACCUSED:

SHIHAB T.V.,
AGED 31 YEARS, S/O.ABDUL KHADER, RESIDING AT
ORCHA, ORCHA ROAD, KOTTAPPURAM, NEELESHWAR
VILLAGE, KOTTAPPURAM.P.O., HOSDURG TALUK,
KASARAGOD DISTRICT.

BY ADVS.
SRI.T.MADHU
SMT.C.R.SARADAMANI

RESPONDENT/STATE DE FACTO COMPLAINANT:

1 THE STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031.

2 THE STATION HOUSE OFFICER,
NEELESWARAM POLICE STATION,
KASARAGOD DISTRICT-671314.

3 SHANIDHA M.,
D/O.SHAFI.P., AGED 25 YEARS, RESIDING AT SHANIDHA
QUARTERS, COLONY ROAD, THAIKKADAPPURAM,
P.O.THAIKKADAPPURAM, KASARAGOD DISTRICT-671315.

R3 BY ADV. SRI.M.ABDUL KAREEM
SRI. AMJED ALI PP

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06.01.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C. No.9269 of 2019 2

Crl.M.C.No.9269 of 2019
———————————————–
ORDER

This is a proceedings instituted under Section 482 of

the Code of Criminal Procedure for quashing Annexure A2 final

report and all further proceedings pursuant thereto now

pending as C.C.No.1019 of 2019 on the files of the Court of the

Judicial Magistrate of First Class – II, Hosdurg against the

petitioner.

2. The petitioner is the sole accused in the said case

and the case is one instituted at the instance of the third

respondent, the wife of the petitioner, under Section 498A of

the Indian Penal Code.

3. It is seen that the petitioner and the de facto

complainant have settled their disputes, and an affidavit to that

effect has been filed by the third respondent as Annexure A3.

4. The learned counsel for the third respondent

affirms that Annexure A3 is an affidavit sworn to by the defacto

complainant, and submits that the third respondent has no
Crl.M.C. No.9269 of 2019 3

objection in granting the relief sought for by the petitioner.

5. In the light of the decisions of the Apex Court in

Gian singh v. State of Punjab, (2012) 10 SCC 303,

Narinder singh v. State of Punjab, (2014) 6 SCC 466 and

SectionJitendra Raghuvanshi Others v. Babita Raghuvanshi

Another, (2013) 4 SCC 58, 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-A2

final report and all further proceedings pursuant thereto against

the petitioner pending as C.C.No.1019 of 2019 on the files of

the Judicial Magistrate of First Class – II, Hosdurg are quashed.

Sd/-

P.B.SURESH KUMAR, JUDGE.

YKB
Crl.M.C. No.9269 of 2019 4

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 THE TRUE CERTIFIED COPY OF THE FIR
DATED 22.8.2019 IN CRIME NO.303/2019
OF NEELESWARAM POLICE STATION,
KASARAGOD DISTRICT.

ANNEXURE A2 THE TRUE CERTIFIED COPY OF THE FINAL
REPORT DATED 31.10.2019 IN CRIME
NO.303/2019 OF NELESWARAM POLICE
STATION, KASARAGOD DISTRICT.

ANNEXURE A3 THE AFFIDAVIT DATED 29.11.2019 SWORN
IN BY THE 3RD RESPONDENT.

RESPONDENT’S/S EXHIBITS:

NIL

//TRUE COPY//

PA TO JUDGE

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