B.Binil Kumar vs State of Kerala

Type Court Judgment Court Kerala Decided Jan 31, 2020

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Citation: sooperkanoon.com/1737445
Court: Kerala High Court
Judge: Honourable Mr. Justice P.B.Suresh Kumar
Decided On: Jan 31, 2020
Case Number: Crl.MC/895/2020

Parties & Advocates

Appellant / Petitioner

B.Binil Kumar

Respondent

State of Kerala

Excerpt

.....of criminal procedure for quashing annexure a3 final report pending trial before the judicial first class magistrate court-xi, thiruvananthapuram in c.c.no. 1543 of 2019.2. the petitioner is the sole accused in the said case. the case was one registered under sections 294(b) and 506 of the indian penal code and section 31 of the protection of women from domestic violence act.3. it is seen that the petitioner and the de facto complainant of the crime have amicably settled the disputes. an affidavit sworn to by the de facto complainant is part of the records.4. heard the learned counsel for the petitioner, the learned public prosecutor as also the learned counsel for the de facto complainant.5. though the matter is settled between the parties, ihave examined the accusation in the case and found that this is a -4- matter that could be settled and closed in the light of the decision of the apex court in gian singh v. state of punjab,(2012) 10 scc 303, invoking the jurisdiction under section 482 ofthe code of criminal procedure. in the result, the crl.m.c. is allowed and annexure a3 final report pending trial before the judicial first class magistrate court-xi, thiruvananthapuram in c.c.no. 1543 of 2019 and all further proceedings thereto are quashed. sd/- p.b.suresh kumar judge ds 04.02.2020 -5- appendix petitioner's/s exhibits: annexure a1 certified copy of fir along with fis dated 15.10.2019 in cr.no.2313 of vanchiyoor police station. annexure a2 true copy of memorandum of agreementdated 02.12.2019 signed by 3rd respondent and petitoner in mc no.11 of 2016 of jfmc-1, thiruvananthapuram. annexure a3 certified copy of final report dated 31.10.2019 in cr.no.2313 of vanchiyoor police station. annexure a4 the original notary attested affidavit dated 06.01.2020 sworn to by 3rd respondent.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR FRIDAY, THE 31ST DAY OF JANUARY 2020 / 11TH MAGHA, 1941 AGAINST THE ORDER/JUDGMENT IN CC 1543/2019 OF SPECIAL COURT OF JUDICIAL MAGISTRATE OF FIRST CLASS FOR TRIAL OF CASES U/S.138 NI ACT(JMFC XI) CRIME NO.2313/2019 OF Vanchiyoor Police Station , Thiruvananthapuram PETITIONER/ACCUSED: B.BINIL KUMAR, AGED 37 YEARS S/O.BHASKARA PILLAI, KUMAR VILASAM, MANKUZHY, PANGAPPARA P.O., SREEKARIYAM, THIRUVANANTHAPURAM-695 581. BY ADVS. SRI.GEORGE MATHEW SRI.V.S.VINEETH KUMAR SRI.S.PRAVEEN SHRI.SUNIL KUMAR A.G SRI.DIPU JAMES SHRI.MATHEW K.T. SHRI.GEORGE K.V. SRI.M.D.SASIKUMARAN RESPONDENTS/COMPLAINANT-STATE & ANOTHER: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. 2 THE STATION HOUSE OFFICER VANCHIYOOR POLICE STATION, THIRUVANANTHAPURAM DISTRICT-695 035, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. -2- 3 KARTHIKA A.R., AGED 31 YEARS D/O.ABITHA, ANITHA BAHVAN, CHARUPARA, KATTAKKADA P.O., THIRUVANANTHAPURAM DISTRICT-695 572.

R3 BY ADV. ELSA DENNY PINDIS BY SR. PP SRI. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31.01.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: -3- Crl.M.C. No.895 of 2020 -----------------------------------------------

ORDER

This is a proceedings under Section 482 of the Code of Criminal Procedure for quashing Annexure A3 Final Report pending trial before the Judicial First Class Magistrate Court-XI, Thiruvananthapuram in C.C.No. 1543 of 2019.

2. The petitioner is the sole accused in the said case. The case was one registered under Sections 294(b) and 506 of the Indian Penal Code and Section 31 of the Protection of Women from Domestic Violence Act.

3. It is seen that the petitioner and the de facto complainant of the crime have amicably settled the disputes. An affidavit sworn to by the de facto complainant is part of the records.

4. Heard the learned counsel for the petitioner, the learned Public Prosecutor as also the learned counsel for the de facto complainant.

5. Though the matter is settled between the parties, I

have examined the accusation in the case and found that this is a -4- matter that could be settled and closed in the light of the decision of the Apex Court in Gian singh v. State of Punjab,

(2012) 10 SCC 303, invoking the jurisdiction under Section 482 of

the Code of Criminal Procedure. In the result, the Crl.M.C. is allowed and Annexure A3 Final Report pending trial before the Judicial First Class Magistrate Court-XI, Thiruvananthapuram in C.C.No. 1543 of 2019 and all further proceedings thereto are quashed. Sd/- P.B.SURESH KUMAR JUDGE ds 04.02.2020 -5- APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE A1 CERTIFIED COPY OF FIR ALONG WITH FIS DATED 15.10.2019 IN CR.NO.2313 OF VANCHIYOOR POLICE STATION. ANNEXURE A2 TRUE COPY OF MEMORANDUM OF AGREEMENT

DATED 02.12.2019 SIGNED BY 3RD RESPONDENT AND PETITONER IN MC NO.11 OF 2016 OF JFMC-1, THIRUVANANTHAPURAM. ANNEXURE A3 CERTIFIED COPY OF FINAL REPORT DATED 31.10.2019 IN CR.NO.2313 OF VANCHIYOOR POLICE STATION. ANNEXURE A4 THE ORIGINAL NOTARY ATTESTED AFFIDAVIT DATED 06.01.2020 SWORN TO BY 3RD RESPONDENT.

Same Court & Year Kerala · 2020 Same Parties B.Binil Kumar vs State of Kerala Same Judge Honourable Mr. Justice P.B.Suresh Kumar