Anil Thankan vs State Represented by the Public Prosecutor

Type Court Judgment Court Kerala Decided Jul 30, 2024

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Citation: sooperkanoon.com/1295616
Court: Kerala High Court
Judge: Honourable Mr. Justice a. Badharudeen
Decided On: Jul 30, 2024
Case Number: Crl.MC/5145/2023

Parties & Advocates

Appellant / Petitioner

Anil Thankan

Respondent

State Represented by the Public Prosecutor

Excerpt

.....of july, 2024 this criminal miscellaneous case has been filed under section 482 of the code of criminal procedure, 1973, to quash annexure-a2 fir in crime no.797/2023 of thrikkakkara police station, ernaklulam. the petitioner herein is the accused in the above crime.2. heard the learned counsel for the petitioner, the learned counsel appearing for the defacto complainant and the learned public prosecutor.3. in this matter, offences punishable under sections 498a, 323 and 341 of ipc are alleged to have been committed by the accused and the defacto complainant is none other than the wife of the accused.4. an affidavit sworn by the defacto complainant has been placed stating that the matter has been settled in between them and she has no grievance in the matter of quashing the proceedings.5. the learned public prosecutor also submitted that the matter has been settled between the parties and statement of the defacto complainant to that effect has been recorded.6. since the matter has been settled, there is noreason to disallow the prayer for quashment, so as to facilitate peaceful living of the married couple. therefore, in the interest of justice, i am inclined to allow this petition. in the result, this petition stands allowed. annexure-a2 fir in crime no.797/2023 of thrikkakkara police station, ernaklulam and the proceedings thereof stand quashed. sd/- a. badharudeen judge sk appendix of crl.mc 5145/2023petitioner annexures : annexure.a1 the certified copy of the complaint dated 18-05-2023 given by the defacto complainant to the senior civil police officer, thrikkakkara police station annexure.a2 the true copy of the fir in crime no. registered by the 2nd respondent. annexure.a3 the true copy of the memorandum of agreement entered into between the defacto complainant and the petitioner/accused before the district mediation centre, ernakulam dated 20-06-

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN TUESDAY, THE 30TH DAY OF JULY 2024 / 8TH SRAVANA, 1946 CRL.MC NO. 5145 OF 2023 CRIME NO.797/2023 OF THRIKKAKARA POLICE STATION, ERNAKULAM PETITIONER/ACCUSED: ANIL THANKAN AGED 38 YEARS S/O. THANKAN MATHEWS, SHIVADAM, VAYANASALA-KUZHIKALA ROAD, BY ADVS. PRAKASH P.GEORGE SADER E.REAZ SAJID P.S. ABIJITH M. ABREM K. JOY RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 THE STATION HOUSE OFFICER THRIKKAKARA POLICE STATION, ERNAKULAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 3 ANJU.V.S AGED 37 YEARS WIFE OF ANIL THANKAN, SHIVADAM, VAYANASALA-KUZHIKALA ROAD, PP - M P PRASANTH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17.07.2024, THE COURT ON 30.07.2024 PASSED THE FOLLOWING:

ORDER

Dated this the 30th day of July, 2024 This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash Annexure-A2 FIR in Crime No.797/2023 of Thrikkakkara Police Station, Ernaklulam. The petitioner herein is the accused in the above crime.

2. Heard the learned counsel for the petitioner, the learned counsel appearing for the defacto complainant and the learned Public Prosecutor.

3. In this matter, offences punishable under Sections 498A, 323 and 341 of IPC are alleged to have been committed by the accused and the defacto complainant is none other than the wife of the accused.

4. An affidavit sworn by the defacto complainant has been placed stating that the matter has been settled in between them and she has no grievance in the matter of quashing the proceedings.

5. The learned Public Prosecutor also submitted that the matter has been settled between the parties and statement of the defacto complainant to that effect has been recorded.

6. Since the matter has been settled, there is no

reason to disallow the prayer for quashment, so as to facilitate peaceful living of the married couple. Therefore, in the interest of justice, I am inclined to allow this petition. In the result, this petition stands allowed. Annexure-A2 FIR in Crime No.797/2023 of Thrikkakkara Police Station, Ernaklulam and the proceedings thereof stand quashed. Sd/- A. BADHARUDEEN JUDGE SK APPENDIX OF CRL.MC 5145/2023

PETITIONER ANNEXURES : Annexure.A1 THE CERTIFIED COPY OF THE COMPLAINT DATED 18-05-2023 GIVEN BY THE DEFACTO COMPLAINANT TO THE SENIOR CIVIL POLICE OFFICER, THRIKKAKKARA POLICE STATION Annexure.A2 THE TRUE COPY OF THE FIR IN CRIME NO. REGISTERED BY THE 2ND RESPONDENT. Annexure.A3 THE TRUE COPY OF THE MEMORANDUM OF AGREEMENT ENTERED INTO BETWEEN THE DEFACTO COMPLAINANT AND THE PETITIONER/ACCUSED BEFORE THE DISTRICT MEDIATION CENTRE, ERNAKULAM DATED 20-06-

Same Court & Year Kerala · 2024 Same Parties Anil Thankan vs State Represented by the Public Prosecutor Same Judge Honourable Mr. Justice a. Badharudeen