IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 12TH DAY OF FEBRUARY 2020 / 23RD MAGHA,
1941
Crl.MC.No.1254 OF 2020(F)
CRIME NO.528/2019 OF MEDICAL COLLEGE POLICE STATION ,
THRISSUR
PETITIONERS/ACCUSED 1 TO 4:
1 VIMALKUMAR
AGED 33 YEARS
S/O.VIJAYAN A.K, MELEPARAMBIL HOUSE,
MULAMKUNNATHUKAVU.P.O, THRISSUR -680581
2 VIJAYAN A.K
AGED 60 YEARS
S/O.APPUKUTTAN NAIR, MELEPARAMBIL HOSUE,
MULAMKUNNATHUKAVU.P.O, THRISSUR -680581
3 JAYANTHI @ SREEJAYANTHI
AGED 51 YEARS
W/O.VIJAYAN.A.K,MELEPARAMBIL HOSUE,
MULAMKUNNATHUKAVU.P.O, THRISSUR -680581
4 VINAYAN
AGED 32 YEARS
S/O.VIJAYAN.A.K, MELEPARAMBIL HOSUE,
MULAMKUNNATHUKAVU.P.O, THRISSUR -680581
BY ADVS.
SRI.C.HARIKUMAR
SMT.NOVA SEN ABRAHAM
RESPONDENTS/STATE AND DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM-682031
Crl.M.C.No.1254 of 2020 2
2 THULASI
AGED 24 YEARS,
D/O.MURALI, PUTHUMANA HOUSE, A.K.KADAVU
VAILATHOOR.P.O, NAIRANGADI, CHAVAKKAD,
THRISSUR
RESIDING AT C/O.VIMAL.P.V, AGED 25 YEARS,
S/O.VENU POOCHAKUNNATH HOUSE, KALLOOR
KOWKKANAPETTY, VADAKEKKADU, THRISSUR-679562
R2 BY ADVS. SRI. SREEKUMAR NAMBANATH
SRI.RENJITH RAJAPPAN
R1 BY SRI. SANTHOSH PETER, SR. PUBLIC
PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 12.02.2020, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C.No.1254 of 2020 3
ORDER
This is a proceedings under Section 482 of the Code
of Criminal Procedure for quashing Annexure – AI First
Information Report and all further proceedings pursuant thereto
in Crime No.528 of 2019 of Medical College Police Station,
Thrissur.
2. The petitioners are the accused in the said
case. The case was one registered under Section 498A of the
Indian Penal Code.
3. It is seen that the petitioners and the de facto
complainant have amicably settled the disputes. An affidavit
sworn to by the de facto complainant to that effect 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.M.C.No.1254 of 2020 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 –
AI First Information Report and all further proceedings pursuant
thereto in Crime No.528 of 2019 of Medical College Police
Station, Thrissur are quashed.
Sd/-
P.B.SURESH KUMAR, JUDGE.
DK
Crl.M.C.No.1254 of 2020 5
APPENDIX
PETITIONERS’ EXHIBITS:
ANNEXURE A1 THE CERTIFIED COPY OF THE FIR IN CRIME
NO.528/2019 OF MEDICAL COLLEGE POLICE
STATION, THRISSUR DISTRICT DATED
11.10.2029
ANNEXURE A2 THE AFFIDAVIT SWORN TO BY THE 2ND
RESPONDENT DATED 22.01.2020
RESPONDENTS’ EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
DK
