SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Vimalkumar vs State Of Kerala on 12 February, 2020

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

Leave a Reply

Your email address will not be published. Required fields are marked *


Not found ...? HOW TO WIN 498a, DV, DIVORCE; Search in Above link

All Law documents and Judgment copies
Laws and Bare Acts of India
Landmark SC/HC Judgements
Rules and Regulations of India.

STUDY REPORTS

Copyright © 2021 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation