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Judgments of Supreme Court of India and High Courts

Vijay Mohan vs State Of Kerala 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.8135 OF 2019(F)

CC NO.06/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS, VATAKARA

CRIME NO.1342/2017 OF Vatakara Police Station, Kozhikode

PETITIONERS/ACCUSED NOS.1 TO 4 :
1 VIJAY MOHAN,
AGED 39 YEARS, S/O. RAM MOHAN,
PIRAMADATHOTTATHIL HOUSE, KARIMPUZHA,
OTTAPALAM TALUK, PALAKKAD.

2 AJAY MOHAN,
AGED 40 YEARS, S/O. RAM MOHAN, P
IRAMADATHOTTATHIL HOUSE, KARIMPUZHA, OTTAPALAM TALUK,
PALAKKAD.

3 JAYANTHI,
AGED 63 YEARS, W/O. RAM MOHAN,
PIRAMADATHOTTATHIL HOUSE, KARIMPUZHA,
OTTAPALAM TALUK, PALAKKAD.

4 SANDHYA AJAY,
AGED 32 YEARS, W/O. AJAY MOHAN,
PIRAMADATHOTTATHIL HOUSE, KARIMPUZHA,
OTTAPALAM TALUK, PALAKKAD.

BY ADV. SRI.A.K.HARIDAS

RESPONDENTS/STATE DEFACTO COMPLAINANT :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM – 682 031.

2 DR. ANU UNPENDRANADH,
D/O. UPENDRAN, SOWPARNIKA,
MUTTUNGAL WEST P. O.,
VATAKARA, KOZHIKODE DISTRICT – 673 106.

R2 BY ADVS. SRI.P.SAMSUDIN
SRI.M.ANUROOP
SMT.S.K.SREELAKSHMY
R1 BY 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.8135 OF 2019(F)
2

ORDER

This is a proceedings under Section 482 of the Code of

Criminal Procedure for quashing Annexure – A1 Final Report pending

trial before the Judicial First Class Magistrate Court, Vatakara in

C.C.No.06 of 2018.

2. The petitioners are the accused in the said case. The

case was one registered under Sections 498A, 406 and 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.

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
Crl.MC.No.8135 OF 2019(F)
3

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 – A1

Final Report pending trial before the the Judicial First Class

Magistrate Court, Vatakara in C.C.No.06 of 2018 and all further

proceedings thereto are quashed.

Sd/-

P.B.SURESH KUMAR
rkj JUDGE
Crl.MC.No.8135 OF 2019(F)
4

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 TRUE COPY OF THE FINAL REPORT IN CC

NO.6/2018 OF THE JUDICIAL FIRST CLASS
MAGISTRATE COURT, VATAKKARA.

ANNEXURE A2 CERTIFIED COPY OF THE COMPROMISE BEFORE
THE COUNSELOR.

ANNEXURE A3 CERTIFIED COPY OF THE JOINT STATEMENT
FILED BY THE PARTIES IN OP NO.569/2017
(MONEY SUIT).

ANNEXURE A4 CERTIFIED COPY OF THE JUDGMENT OF THE
COURT IN OP NO.569/2017.

ANNEXURE A5 CERTIFIED COPY OF THE JOINT STATEMENT
FILED IN MC NO.227/2017.

ANNEXURE A6 CERTIFIED COPY OF THE ORDER IN MC
NO.227/2017.

ANNEXURE A7 CERTIFIED COPY OF THE JUDGMENT IN OP
NO.136/2018.

ANNEXURE A8 TRUE COPY OF THE ORDER DATED 21.10.2019
IN CRIMINAL APPEAL NO.1599 OF 2019 ON THE
FILES OF THE HON’BLE SUPREME COURT.

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