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Sudip Nair vs State Of Kerala Represented By Its … on 18 February, 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

TUESDAY, THE 18TH DAY OF FEBRUARY 2020 / 29TH MAGHA, 1941

Crl.MC.No.7897 OF 2018(F)

CC 660/2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS,
PARAVUR

CRIME NO.836/2017 OF Chathannoor Police Station, Kollam

PETITIONERS/ACCUSED 1 TO 3:

1 SUDIP NAIR,
AGED 38 YEARS, S/O. RAJASEKHARAN NAIR,
TC 5/2549/1, KRISHNA GARDENS, KOWDIAR,
THIRUVANANTHAPURAM.

2 RAJASEKHARAN NAIR,
AGED 73 YEARS, S/O.GOPALA PILLAI,
TC 5/2549/1, KRISHNA GARDENS, KOWDIAR,
THIRUVANANTHAPURAM.

3 SUDHA.R.NAIR,
AGED 67 YEARS, W/O.RAJASEKHARAN NAIR,
TC 5/2549/1, KRISHNA GARDENS, KOWDIAR,
THIRUVANANTHAPURAM.

BY ADV. SRI.V.A.VINOD

RESPONDENTS/STATE, COMPLAINANT AND DE FACTO COMPLAINANT:

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

2 THE SUB INSPECTOR OF POLICE,
CHATHANNOOR POLICE STATION,
KOLLAM DISTRICT.
Crl.MC.No.7897 of 2018 2

3 SHALINI THAMPI,
AGED 34 YEARS, D/O.BALAKRISHNAN THAMPI,
PERINGAPPURATHU VEEDU, MYLAKKAD,
KOTTIYAM P.O., KOLLAM DISTRICT.

SRI.SANTHAN V.NAIR
SMT.CHRISTEENA P GEORGE
SRI.AMJAD ALI SR PP
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
18.02.2020, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.MC.No.7897 of 2018 3

Crl.M.C. No.7897 of 2018
———————————————–
ORDER

This is a proceedings under Section 482 of the Code

of Criminal Procedure for quashing Annexure – I Final Report

pending trial before the Judicial First Class Magistrate Court,

Paravur in C.C.No.660 of 2017.

2. The petitioners are accused Nos. 1 to 3 in the

said case. The case was one registered under Sections 498A,

323 read with Section 34 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.

Crl.MC.No.7897 of 2018 4

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

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 – I

Final Report pending trial before the Judicial First Class

Magistrate Court, Paravur in C.C.No.660 of 2017 and all further

proceedings thereto are quashed.

Sd/-

P.B.SURESH KUMAR, JUDGE.

YKB
Crl.MC.No.7897 of 2018 5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE I TRUE COPY OF THE FINAL REPORT IN CRIME
836/2017 PENDING AS CC 660/2017 ON THE
FILE OF JUDICIAL FIRST CLASS
MAGISTRATE COURT, PARAVUR.

ANNEXURE II TRUE COPY OF THE AGREEMENT DATED
27/9/2017 ENTERED INTO BETWEEN THE 1ST
PETITIONER AND THE 3RD RESPONDENT.

ANNEXURE III TRUE COPY OF THE PETITION FOR
DISSOLUTION OF MARRIAGE FILED AS O.P.
(HMA) 1157/2017 BEFORE THE FAMILY
COURT, KOLLAM.

ANNEXURE IV TRUE COPY OF THE ORDER DATED 12/4/2018
IN O.P.(HMA) NO.1157/2017 OF FAMILY
COURT, KOLLAM.

RESPONDENT’S/S EXHIBITS:

NIL

//TRUE COPY//

PA TO JUDGE

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