BY AD v. B.KRISHNA KUMAR
Case at a glance
Outcome
Allowed
In the result, this petition stands allowed and Annexure
Provisions considered
- Code of Criminal Procedure, 1973 s. 482
- Indian Penal Code, 1860 ss. 294(b), 323, 324, 341
Key paragraphs
- Para 66. Since the dispute has been settled in between husband and wife, there is no reason to disallow the prayer for quashment, so as to facilitate peaceful living of the parties hereinafter. Therefore, in the interest of justice, I am inclined to allow this petition.…
Judgment
CC NO.248 OF 2017 OF JUDICIAL FIRST CLASS MAGISTRATE PETITIONER/ACCUSED: COURT, SASTHAMCOTTA MANOJ KUMAR AGED 33 YEARS S/O. SANKARA PILLAI, MANOJ BHAVAN, AMBALATHUM BHAGAM MURI, PORUVAZHNY VILLAGE,KUNNATHOOR TALUK, KOLLAM DISTRICT, PIN - 690520 BY ADVS. B.KRISHNA KUMAR A.CHANDRA BABU DINESH THANKAPPAN RESPONDENTS/STATE/DEFACTO COMPLAINANT: 1 2 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 ATHIRA AGED 29 YEARS W/O. MANOJ KUMAR, MANOJ BHAVAN, AMBALATHUM BHAGAM MURI, PORUVAZHNY VILLAGE, KUNNATHOOR TALUK, KOLLAM DISTRICT, PIN - 690520 BY ADV P.M.UNNI NAMBOODIRI SRI.M P PRASANTH, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10.06.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC NO. 3403 OF 2024 2
O R D E R Dated this the 10th day of June, 2024 This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash Annexure A2 Final Report and all further proceedings in C.C.No.248/2017 on the files of the Judicial First Class Magistrate Court, Sasthamcotta, arose out of Crime No.585/2017 of Sooranadu Police Station, Kollam. The petitioner herein is the sole accused in the above.
Heard the learned counsel for the petitioner, the learned counsel appearing for the de facto complainant and the learned Public Prosecutor.
In this matter, offences punishable under Sections 341, 323, 294(b) and 324 of IPC are alleged to have been committed by the accused. The complainant is none other than the wife of the accused.
It is submitted that the matter has been amicably settled and the de facto complainant filed affidavit in this regard CRL.MC NO. 3403 OF 2024 3 in a case involving matrimonial dispute.
The learned Public Prosecutor also submitted that the matter has been settled between the parties and statement of the de facto complainant to that effect has been recorded.
Operative part
Since the dispute has been settled in between husband and wife, there is no reason to disallow the prayer for quashment, so as to facilitate peaceful living of the parties hereinafter. Therefore, in the interest of justice, I am inclined to allow this petition. In the result, this petition stands allowed and Annexure A2 Final Report and all further proceedings in C.C.No.248/2017 on the files of the Judicial First Class Magistrate Court, Sasthamcotta, arose out of Crime No.585/2017 of Sooranadu Police Station, Kollam, stand quashed. Sd/- A. BADHARUDEEN JUDGE CRL.MC NO. 3403 OF 2024 4 APPENDIX OF CRL.MC 3403/2024 PETITIONER ANNEXURES ANNEXURE A1 ANNEXURE A2 ANNEXURE A3 THE CERTIFIED COPY OF THE FIR IN CRIME NO.585 OF 2017 DATED 21.04.2017 OF POLICE STATION, SOORANADU, KOLLAM DISTRICT THE CERTIFIED COPY OF THE FINAL REPORT AS CC NO.248/2017 ON THE FILES OF THE JUDICIAL FIRST-CLASS MAGISTRATE COURT, SASTHAMCOTTA, DATED 29/04/2017 AFFIDAVIT SWORN BY THE 2ND RESPONDENT DELINEATING HER NO-OBJECTION IN QUASHING THE ENTIRE PROCEEDINGS OF ANNEXURE-A1 & A2 AGAINST THE PETITIONER, DATED: 02/04/2024 RESPONDENTS ANNEXURES : NIL
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In the result, this petition stands allowed and Annexure
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 482; Indian Penal Code, 1860 — ss. 294(b), 323, 324, 341.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.