Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR TUESDAY, THE 30TH DAY OF JUNE 2020 / 9TH ASHADHA, 1942 Crl.MC.No.2010 OF 2020(A) CC 1289/2017 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-XI, CRIME NO.206/2007 OF VANCHIYOOR POLICE STATION, PETITIONER/ACCUSED : DR.ANIL KUMAR R., AGED 56 YEARS, S/O.LATE RAMANKUTTY, 'ANIL BHAVAN', G.P.O. LANE, THIRUVANANTHAPURAM-695 001. BY ADVS. SRI.AYYAPPAN SANKAR SRI.JAYAN JOHN SMT.S.HRIDYA RESPONDENTS/STATE, INVESTIGATING OFFICER & DE-FACTO COMPLAINANT : 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. 2 SUB INSPECTOR OF POLICE, VANCHIYOOR POLICE STATION, VANCHIYOOR P.O., THIRUVANANTHAPURAM-695 035. 3 MINI.K., AGED 48 YEARS, D/O.A.KUMARAN, CHIRAMEL HOUSE, RED CROSS ROAD, PAYYAMBALAM P.O., KANNUR-01. R3 BY ADV. S.R.SREEJITH OTHER PRESENT: BY SMT. PUSHPALATHA M.K SR. PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 30.06.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: -----------------------------------------------
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.1289 of 2017.
2. The petitioner is the accused in the said case. The case was one registered under Sections 498(A), 506(i) and 406 read with Section 34 of the Indian Penal Code.
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. It is seen that the dispute arose on account of the
matrimonial discord between the de facto complainant and her husband, the accused. Though the matter is settled between the parties, I have examined the accusation in the case and found that this is a matter that could be settled and closed in the light of the decisions of the Apex Court in Jitendra Raghuvanshi v. Babita Raghuvanshi, (2013) 4 SCC 58 and 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.1289 of 2017 and all further proceedings thereto are quashed. Sd/- P.B.SURESH KUMAR, JUDGE rkj APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE 1 CERTIFIED TRUE COPY OF PRIVATE COMPLAINT LODGED BY THE 3RD RESPONDENT AS CMP NO.2289/2007 BEFORE THE HONOURABLE ADDITIONAL CHIEF JUDICIAL MAGISTRATE'S COURT, THIRUVANANTHAPURAM. ANNEXURE 2 CERTIFIED TRUE COPY OF THE FIR IN CRIME NO.206/2007 OF VANCHIYOOR POLICE STATION, THIRUVANANTHAPURAM DISTRICT. ANNEXURE 3 CERTIFIED TRUE COPY OF THE FINAL REPORT IN CRIME NO.206/2007 OF VANCHIYOOR POLICE STATION, THIRUVANANTHAPURAM DISTRICT. ANNEXURE 4 TRUE COPY OF THE AGREEMENT DATED 06.12.2019 ENTERED BETWEEN THE PETITIONER AND 3RD RESPONDENT UPON MEDIATION IN OP NO.294/2018 ON THE FILE OF THE HONOURABLE FAMILY COURT, KOZHIKODE. ANNEXURE 5 TRUE COPY OF THE DEMAND DRAFTS DATED 06.02.2020 DRAWN ON KERALA GRAMIN BANK BY THE PETITIONER FOR PAYMENT OF SUMS OF RS.2,50,000/- AND RS.10,00,000/- RESPECTIVELY IN FAVOUR OF THE 3RD RESPONDENT. ANNEXURE 6 TRUE COPY OF THE ORIGINAL AFFIDAVIT DATED 24.02.2020 SWORN BY 3RD RESPONDENT AND ATTESTED BY NOTARY.