Arun vs Shahna,

ARUN vs Shahna,

Type Court Judgment Court Kerala Orders Decided Apr 01, 2024

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https://sooperkanoon.com/case/1317436

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Citation: sooperkanoon.com/1317436
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice a. Badharudeen
Decided On: Apr 01, 2024
Case Number: Crl.MC/10640/2023

Parties & Advocates

Appellant / Petitioner

ARUN

Respondent

Shahna,

Excerpt

.....- 682031 sri.renjit george, sr pp this criminal misc. case having come up for admission on 01.04.2024, the court on the same day passed the following:orderdated this the 1st day of april, 2024 this criminal miscellaneous case has been filed undersection 482 of the code of criminal procedure, 1973, to quash annexure a final report and all further proceedings against the petitioner in c.c.no.685/2023 on the files of the judicial first class magistrate court, kodungallur, arose out of crime no.231/2023 of kaipamangalam police station. petitioner herein is the sole accused in the above case.2. heard the learned counsel for the petitioner and the learned public prosecutor.3. in this matter, offences punishable under sections 323 and 498a of ipc are alleged to have been committed by the accused as per the final report and the complainant is none other than the wife of the accused.4. an affidavit sworn by the 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. moreover, the dispute between the petitioner and the complainant is purely personal in nature and no public interest is involved. therefore, in the interest of justice, i am inclined to allow this petition. in the result, this petition stands allowed. annexure a final report and all further proceedings against the petitioner in c.c.no.685/2023 on the files of the judicial first class magistrate court, kodungallur, arose out of crime no.231/2023 of kaipamangalam police station, stand quashed. sd/- a. badharudeen judge nkr appendix of crl.mc 10640/2023 petitioner annexures annexure a certified copy of the final report in crime no. 231/2021 of kaipamangalam police station, now pending as c.c no. 685/2023 before the jfcm court kodungalloor, thrissur annexure b original affidavit sworn to by the 1st respondent dated 05.12.2023.....

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.231/2023 OF KAIPAMANGALAM POLICE STATION, THRISSUR CC NO.685 OF 2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS, KODUNGALLUR PETITIONER/ACCUSED: ARUN AGED 29 YEARS S/O. ANANDAN, THURUTHY HOUSE, PADIYOOR DESAM, PADIYOOR, THRISSUR, PIN - 680685 BY ADV GEORGE SEBASTIAN RESPONDENTS/DE FACTO COMPLAINANT AND STATE: 1 SHAHNA, AGED 24 YEARS D/O. SHAJI, PUTHUVEETIL (PUTHIYAVEETTIL) HOUSE, KUOLIMUTTOM P.O., KUOLIMUTTOM DESOM, KUOLIMUTTOM VILLAGE, THRISSUR, PIN - 680691 2 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM., PIN - 682031 SRI.RENJIT GEORGE, SR PP 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 A Final Report and all further proceedings against the petitioner in C.C.No.685/2023 on the files of the Judicial First Class Magistrate Court, Kodungallur, arose out of crime No.231/2023 of Kaipamangalam police station. Petitioner herein is the sole accused in the above case.

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

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

4. An affidavit sworn by the 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. Moreover, the dispute between the petitioner and the complainant is purely personal in nature and no public interest is involved. Therefore, in the interest of justice, I am inclined to allow this petition. In the result, this petition stands allowed. Annexure A Final Report and all further proceedings against the petitioner in C.C.No.685/2023 on the files of the Judicial First Class Magistrate Court, Kodungallur, arose out of crime No.231/2023 of Kaipamangalam police station, stand quashed. Sd/- A. BADHARUDEEN JUDGE nkr APPENDIX OF CRL.MC 10640/2023 PETITIONER ANNEXURES Annexure A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 231/2021 OF KAIPAMANGALAM POLICE STATION, NOW PENDING AS C.C NO. 685/2023 BEFORE THE JFCM COURT KODUNGALLOOR, THRISSUR Annexure B ORIGINAL AFFIDAVIT SWORN TO BY THE 1ST RESPONDENT DATED 05.12.2023 RESPONDENTS' ANNEXURES : NIL

Same Court & Year Kerala Orders · 2024 Same Parties ARUN vs Shahna, Same Judge Honourable Mr. Justice a. Badharudeen