Sunilkumar vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Apr 01, 2024

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https://sooperkanoon.com/case/1320522

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Citation: sooperkanoon.com/1320522
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice a. Badharudeen
Decided On: Apr 01, 2024
Case Number: Crl.MC/11127/2023

Parties & Advocates

Appellant / Petitioner

Sunilkumar

Respondent

State of Kerala

Excerpt

.....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:orderdated 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 b final report in crime no.40/2021 of mannar police station and all further proceedings in c.c.no.1558/2021 on the files of the judicial first class magistrate court-i, chengannur. petitioners herein are accused nos.1 to 5 in the above case.2. heard the learned counsel for the petitioners, the learned counsel for the original complainant and the learned public prosecutor.3. in this matter, offences punishable under sections498a and 323 read with section 34 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 1 st 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, in a case where joint petition for divorce has been filed by the 1 st petitioner and the complainant. the disputes between them are 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 b final report in crime no.40/2021 of mannar police station and all further proceeding in c.c.no.1558/2021, on the files of the judicial first class magistrate court-i, chengannur, against the petitioners stand quashed. sd/- a. badharudeen judge nkr appendix of crl.mc 11127/2023 petitioner annexures annexure a true copy of the first information report dated 07/01/2021 in crime no. annexure b certified copy of the final report dated 30/04/2021 in crime no. 40/2021.....

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.40/2021 OF MANNAR POLICE STATION, ALAPPUZHA CC NO.1558 OF 2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, CHENGANNUR
PETITIONERS/ACCUSED NOS.1 TO 5: 1 SUNILKUMAR AGED 43 YEARS S/O. CHELLAPPAN, MULAKKAL THEKKETHIL HOUSE, EZHAKADAVU, CHERUKOLE MURI, CHENNITHALA VILLAGE, ALAPPUZHA DISTRICT, PIN - 690104 2 SINDHU AGED 49 YEARS, W/O. GOVINDAN KUTTY, 3 GOKUL GOVIND AGED 26 YEARS 4 GOVINDAN KUTTY AGED 51 YEARS 5 SUMATHYKUTTY AGED 69 YEARS W/O. CHELLAPPAN, MULAKKAL THEKKETHIL HOUSE, EZHAKADAVU, CHERUKOLE MURI, CHENNITHALA VILLAGE, ALAPPUZHA DISTRICT, PIN - 690104
BY ADVS. RINNY STEPHEN CHAMAPARAMPIL ASHA ELIZABETH MATHEW ANJANA S. RESPONDENTS/STATE AND DE FACTO COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 ANITHAKUMARI AGED 36 YEARS D/O GANGADHARAN, PANCHANMOOTTIL MELATHIL VEEDU, NADUKUNNU, CHADAYAMANGALAM.P.O, KOLLAM, PIN - 691534 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 B Final Report in crime No.40/2021 of Mannar police station and all further proceedings in C.C.No.1558/2021 on the files of the Judicial First Class Magistrate Court-I, Chengannur. Petitioners herein are accused Nos.1 to 5 in the above case.

2. Heard the learned counsel for the petitioners, the learned counsel for the original complainant and the learned Public Prosecutor.

3. In this matter, offences punishable under Sections

498A and 323 read with Section 34 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 1 st 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 joint petition for divorce has been filed by the 1 st petitioner and the complainant. The disputes between them are 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 B Final Report in crime No.40/2021 of Mannar police station and all further proceeding in C.C.No.1558/2021, on the files of the Judicial First Class Magistrate Court-I, Chengannur, against the petitioners stand quashed. Sd/- A. BADHARUDEEN JUDGE nkr APPENDIX OF CRL.MC 11127/2023 PETITIONER ANNEXURES Annexure A TRUE COPY OF THE FIRST INFORMATION REPORT DATED 07/01/2021 IN CRIME NO. Annexure B CERTIFIED COPY OF THE FINAL REPORT DATED 30/04/2021 IN CRIME NO. 40/2021 DATED 03/04/2021 OF MANNAR POLICE STATION Annexure C THE ATTESTED AFFIDAVIT DATED RESPONDENTS ANNEXURES : NIL

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