Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN MONDAY, THE 8TH DAY OF APRIL 2024 / 19TH CHAITHRA, 1946 CRIME NO.1405/2021 OF ANGAMALI POLICE STATION, ERNAKULAM CC NO.143 OF 2022 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, ANGAMALY
PETITIONERS/ACCUSED: 1 SHILJO AUGUSTINE AGED 43 YEARS S/O. AUGUSTINE, PANDIYAMMAKKAL HOUSE, MATTATHIPARA P.O., KADANADU, MELUKAVU, KOTTAYAM DISTRICT, PIN - 686651 2 P.J. AUGUSTINE AGED 83 YEARS S/O. JOSEPH, PANDIYAMMAKKAL HOUSE, MATTATHIPARA P.O., KADANADU, MELUKAVU, KOTTAYAM DISTRICT, PIN - 686651 3 SELIN AUGUSTINE AGED 72 YEARS W/O. AUGUSTINE, PANDIYAMMAKKAL HOUSE, MATTATHIPARA P.O., KADANADU, MELUKAVU, KOTTAYAM DISTRICT, PIN - 686651
BY ADVS. GEORGE MATHEW SUNIL KUMAR A.G MATHEW K.T. GEORGE K.V. STEPHY K REGI MEDHA B.S. RESPONDENT/STATE & DEFACTO COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031
2 THE STATION HOUSE OFFICER ANKAMALY POLICE STATION, ERNAKULAM RURAL, THROUGH, PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 3 ROSAMMA J. KATTAKAYAM AGED 39 YEARS D/O. JOHN, RESIDING AT KATTAKAYAM HOUSE, POOTHAMKUTTY, MOOKANNUR, ERNAKULAM DISTRICT, PIN - 683577 BY ADVS. Nandagopal Nambiar V.V PREEJA. P.VIJAYAN(K/104/2006) SMITHA (EZHUPUNNA)(K/223/2015) CHITRA JOHNSON(K/000924/2018) SRI. M P PRASANTH, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
Dated this the 8th day of April, 2024 This criminal miscellaneous case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash Annexure A1 First Information Report, Annexure A2 First Information Statement, Annexure A3 Final Report in crime No.1405/2021 of Ankamaly Police Station and all further proceedings in C.C.No.143/2022 pending before the Judicial First Class Magistrate Court, Ankamaly. Petitioners herein are accused Nos.1 to 3 in the above case.
2. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
3. In this matter, offences punishable under Sections 498A, 323 and 34 of IPC are alleged to have been committed by the accused and complainant is none other than the wife of the 1st 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, in a case where divorce petition by mutual consent has been filed by the 1 st petitioner and the complainant. Therefore, in the interest of justice, I am inclined to allow this petition. In the result, this petition stands allowed. Annexure A1 First Information Report, Annexure A2 First Information Statement, Annexure A3 Final Report in crime No.1405/2021 of Ankamaly Police Station and all further proceedings in C.C.No.143/2022, pending before the Judicial First Class Magistrate Court, Ankamaly, against the petitioners stand quashed. Sd/- A. BADHARUDEEN JUDGE nkr APPENDIX OF CRL.MC 2827/2024 PETITIONERS ANNEXURES ANNEXURE A1 CERTIFIED TRUE COPY OF FIRST
INFORMATION REPORT (FIR) IN CR. NO.1405 OF 2021 DTD.16.10.2021 OF ANKALAMY POLICE STATION IN ERNAKULAM RURAL ANNEXURE A2 CERTIFIED TRUE COPY OF FIRST INFORMATION STATEMENT (FIS) IN CR. NO. 1405 OF 2021 DTD.16.10.2021 OF ANKALAMY POLICE STATION IN ERNAKULAM RURAL ANNEXURE A3 CERTIFIED TRUE COPY OF FINAL REPORT DTD.15.01.2022 IN CR. NO.1405 OF 2021 OF ANKAMALY POLICE STATION IN ERNAKULAM RURAL ANNEXURE A4 ORIGINAL AFFIDAVIT DTD. 18.03.2024 SWORN TO BY 3RD RESPONDENT RESPONDENTS' ANNEXURES : NIL