IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
MONDAY, THE 13TH DAY OF JANUARY 2020 / 23RD POUSHA, 1941
Crl.MC.No.192 OF 2020(D)
PROCEEDINGS IN CC NO.1114 OF 2018 ON THE FILES OF
ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT,
THIRUVANANTHAPURAM
CRIME NO.691/2017 OF POOJAPURA POLICE STATION
PETITIONERS/ACCUSED:
SUNILDAS,
OMAR, CHERUKARA ROAD,
POOJAPURA, THIRUMALA,
THIRUVANANTHAPURAM- 695004.
BY ADV. SRI.BASANT BALAJI
RESPONDENTS/STATE DE FACTO COMPLAINANT :-
1 STATE OF KERALA,
REPRESENTED BY THE SUB INSPECTOR OF POLICE,
POOJAPURA POLICE STATION,
REPRESENTED THROUGH THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKUALM – 682031.
2 NITHYA,
T.C 17/995, RENJINI,
VIDYADHIRAJA NAGAR, POOJAPURA,
THIRUMALA, THIRUVANANTHAPURAM- 695014.
R2 BY ADV. SHAJIN S.HAMEED
R1 BY SRI.SANTHOSH PETER, SR.PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 13.01.2020, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C.No.192 of 2020 2
ORDER
This is a proceedings under Section 482 of the Code
of Criminal Procedure for quashing Annexure – A Final Report
pending trial before the Additional Chief Judicial Magistrate
Court, Thiruvananthapuram in C.C.No.1114 of 2018.
2. The petitioner is the accused in the said case.
The case was one registered under Sections 498A, 294(b) and
323 of the Indian Penal Code and Section 31 of the Protection of
Women from Domestic Violence Act, 2005.
3. It is stated that the petitioner and the de facto
complainant of the crime have amicably settled the disputes
and an affidavit sworn to by the de facto complainant is part of
the records.
4. Heard the learned counsel for the petitioner,
the learned Public Prosecutor as also the learned counsel for the
de facto complainant.
5. In the light of the decision of the Apex Court in
Crl.M.C.No.192 of 2020 3
Gian singh v. State of Punjab, (2012) 10 SCC 303, insofar as
the offences alleged against the petitioner are only offences
punishable under Sections 498A, 294(b) and 323 of the Indian
Penal Code and Section 31 of the Protection of Women from
Domestic Violence Act, 2005, 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.
In the result, the Crl.M.C. is allowed and Annexure – A
Final Report pending trial before the Additional Chief Judicial
Magistrate Court, Thiruvananthapuram in C.C.No.1114 of 2018
and all further proceedings thereto are quashed.
Sd/-
P.B.SURESH KUMAR, JUDGE.
DK
Crl.M.C.No.192 of 2020 4
APPENDIX
PETITIONER’S ANNEXURES:
ANNEXURE A THE CERTIFIED COPY OF THE FIRST
INFORMATION REPORT IN CRIME
NO.691/2017 OF POOJAPURA POLICE
STATION.
ANNEXURE B TRUE COPY OF THE MEMORANDUM OF
AGREEMENT ENTERED INTO BETWEEN THE
PETITIONER AND THE 2ND RESPONDENT
BEFORE THE PRINCIPAL SESSIONS COURT
THIRUVANANTHAPURAM IN
CRL.M.C.NO.994/2017.
ANNEXURE C TRUE COPY OF THE AFFIDAVIT SWORN BY
THE 2ND RESPONDENT.
ANNEXURE D CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO.691/2017 OF POOJAPURA POLICE
STATION.
RESPONDENTS’ ANNEXURES: NIL
//TRUE COPY//
PA TO JUDGE
DK
