Midhun vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Apr 01, 2024

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Citation: sooperkanoon.com/1312882
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice a. Badharudeen
Decided On: Apr 01, 2024
Case Number: Crl.MC/2035/2024

Parties & Advocates

Appellant / Petitioner

Midhun

Respondent

State of Kerala

Excerpt

.....under section 482 of the code of criminal procedure, 1973, to quash annexure 1 fir and annexure 2 final report in c.c.no.3556/2022 on the files of the judicial first class magistrate court-iii, neyyattinkara, arose out of crime no.2365/2021 of balaramapuram police station. petitioners herein are accused nos.1 to 3 in the above case.2. heard the learned counsel for the petitioners, the learned counsel appearing for the de facto complainant and the learned public prosecutor.3. in this matter, offences punishable under sections323 and 498a read with section 34 of ipc are alleged to have been committed by the accused and the de facto complainant is none other than the wife of the 1 st accused.4. an affidavit sworn by the de facto 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. 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 and annexure 1 fir and annexure 2 final report in c.c.no.3556/2022 on the files of the judicial first class magistrate court-iii, neyyattinkara arose out of crime no.2365/2021 of balaramapuram police station, and the proceedings thereof stand quashed. sd/- a. badharudeen judge nkr appendix of crl.mc 2035/2024 petitioner annexures annexure a1 a true copy of the fir in crime no. station, thiruvananthapuram district annexure a2 a true copy of the final report in ccmagistrate court-iii, neyyattinkara in crime no. 2365/2021 of balaramapuram police station, thiruvananthapuram district annexure a3 a true copy of the affidavit filed by the 2nd respondent

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN MONDAY, THE 1ST DAY OF APRIL 2024 / 12TH CHAITHRA, 1946 CRIME NO.2365/2021 OF BALARAMAPURAM POLICE STATION, THIRUVANANTHAPURAM CC NO.3556 OF 2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS -III, NEYYATTINKARA PETITIONERS/ACCUSED NOS.1 TO 3: 1 MIDHUN AGED 34 YEARS S/O MURALIDHARAN NAIR, 2 MURALIDHARAN NAIR AGED 65 YEARS S/O KRISHNAN NAIR, KRISHNAKRIPA VEEDU, KOTTAPURAM, VEDI VACHANKOVIL, PALLICHAL VILLAGE, 3 VIJAYALEKSHMI AGED 58 YEARS W/O MURALIDHARAN NAIR, BY ADV P.ANOOP (MULAVANA) RESPONDENTS/STATE: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 SREELEKSHMI.P.G D/O GOVINDAN NAIR, SREENILAYAM, THALAYAL, KOTTUKAL, BALARAMAPURAM.P.O.,, THIRUVANANTHAPURAM DISTRICT, PIN - 695501 SRI.NIMA JACOB, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Dated this the 1st day of April, 2024 This criminal miscellaneous case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash Annexure 1 FIR and Annexure 2 Final Report in C.C.No.3556/2022 on the files of the Judicial First Class Magistrate Court-III, Neyyattinkara, arose out of crime No.2365/2021 of Balaramapuram police station. Petitioners herein are accused Nos.1 to 3 in the above case.

2. Heard the learned counsel for the petitioners, the learned counsel appearing for the de facto complainant and the learned Public Prosecutor.

3. In this matter, offences punishable under Sections

323 and 498A read with Section 34 of IPC are alleged to have been committed by the accused and the de facto complainant is none other than the wife of the 1 st accused.

4. An affidavit sworn by the de facto 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. 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 and Annexure 1 FIR and Annexure 2 Final Report in C.C.No.3556/2022 on the files of the Judicial First Class Magistrate Court-III, Neyyattinkara arose out of crime No.2365/2021 of Balaramapuram police station, and the proceedings thereof stand quashed. Sd/- A. BADHARUDEEN JUDGE nkr APPENDIX OF CRL.MC 2035/2024 PETITIONER ANNEXURES Annexure A1 A TRUE COPY OF THE FIR IN CRIME NO. STATION, THIRUVANANTHAPURAM DISTRICT Annexure A2 A TRUE COPY OF THE FINAL REPORT IN CC

MAGISTRATE COURT-III, NEYYATTINKARA IN CRIME NO. 2365/2021 OF BALARAMAPURAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT Annexure A3 A TRUE COPY OF THE AFFIDAVIT FILED BY THE 2ND RESPONDENT

Same Court & Year Kerala Orders · 2024 Same Parties Midhun vs State of Kerala Same Judge Honourable Mr. Justice a. Badharudeen