Kerala High Court
Dr.Jayan T vs The State Of Kerala on 28 October, 2020
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
WEDNESDAY, THE 28TH DAY OF OCTOBER 2020 / 6TH KARTHIKA, 1942
Crl.MC.No.8415 OF 2018(B)
AGAINST CRIME NO.1463/2018 OF KALLAMBALAM POLICE STATION,
THIRUVANANTHAPURAM
PETITIONER/ACCUSED1:
DR.JAYAN T.,
AGED 36 YEARS, S/O. THANKAPPAN NAIR N.,
CHARUVILA SRIVILASAM, VELLOORKONAM, NAVAIKULAM PO,
ATTINGAL, THIRUVANANTHAPURAM DISTRICT, PIN-695 603.
BY DR.JAYAN T.,(PARTY IN PERSON)
RESPONDENTS/STATE OF KERALA AND COMPLAINANT:
1 THE STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031.
2 ANUPAMA M.J.
29 YEARS OLD, D/O MOHANACHANDRAN NAIR,
LEKSHMI NILAYAM, VEILOOR, THOTTAKAD PO, KALLAMBALAM,
THIRUVANANTHAPURAM DISTRICT-695 605,
KALLAMBALAM POLICE STATION LIMIT,
THIRUVANANTHAPURAM RURAL DISTRICT.
R2 BY ADV. SRI.M.DINESH
OTHER PRESENT:
SRI.B.JAYASURYA, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
28.10.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.8415 OF 2018(B) 2
ALEXANDER THOMAS, J.
-------------------------------------------
Crl.M.C. No.8415 of 2018
----------------------------------------------
Dated this the 28th day of October, 2020
ORDER
The prayers in the aforecaptioned Criminal Miscellaneous Case filed under Section 482 of the Code of Criminal Procedure (Cr.P.C.), are as follows:-
"(a) That the Hon'ble Court be pleased to quash and set aside the FIR no.1463 of 2018 dated 20 October 2018 registered by Kallambalam Police Station, Kallambalam, Thiruvananthapuram District annexed as Exhibit A as against the petitioner.
(b) That during the pendency of the present Petition, proceedings on the basis of above FIR against the Petitioner be stayed;
(c) That any other relief as this Hon'ble Court deems fit having regard to facts and circumstances of the case."
2. The petition has been filed seeking for quashment of the impugned Annexure 1 FIR in Crime No.1463/2018 of Kallambalam Police Station, which has been registered against the petitioner/1st accused for offences punishable under Sections 498A & 34 of the Indian Penal Code. The petition was filed at a Crl.MC.No.8415 OF 2018(B) 3 time, when the FIR was registered and investigation had commenced.
3. When the matter had come up for consideration before this Court on 15.03.2019 and this Court had admitted this case mainly as the petitioner had then submitted that there is a strong possibility for mediation settlement and that this Court may ascertain as to the stand of the 2nd respondent/de facto complainant. Accordingly, on the basis of the specific submission made by the petitioner, the 2 nd respondent also had submitted that she is also interested for mediation settlement and hence this Court had passed order on 27.03.2019, referring the parties for mediation to the District Mediation Centre, Thiruvananthapuram.
4. Now, the District Mediation Centre, Thiruvananthapuram, has given report dated 16.05.2019, stating that the petitioner had expressed his opinion that he has no interest in the mediation process. So, it appears that the petitioner had taken a specific stand before this Court that he is interested in mediation and it is on this basis that this Court had admitted the petition and had referred both parties for Crl.MC.No.8415 OF 2018(B) 4 mediation on the specific plea made by the petitioner. When the matter had come up for consideration by the Mediation Centre, the petitioner has taken the stand that he is not interested in the mediation process. Even now, the petitioner has not apprised this Court as to the subsequent developments in this case and as to whether the final report in this case has been filed by the Police, after completion of investigation in Annexure 1 FIR., etc. If the final report has already been filed, as the petitioner has not challenged the same, this petition need not be considered any further. If, on the other hand, the investigation has not been completed, then it is for the investigating agency concerned to complete the investigation in the manner known to law and after submission of the final report, in case, any of the parties have any legally justiciable grievances thereto, it is for them to work out thesir remedies, in the manner known to law.
5. In such circumstances, this Court is of the view that this case need not be kept pending any longer, more particularly as this Court has not been apprised about the subsequent developments of this case after the filing of this Criminal Miscellaneous Case on 30.11.2018.
Crl.MC.No.8415 OF 2018(B) 5
With these observations and directions and with the said liberty to both sides, the above criminal miscellaneous case will stand disposed of.
Sd/-
ALEXANDER THOMAS, JUDGE Skk//14092020 Crl.MC.No.8415 OF 2018(B) 6 APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE-1 CERTIFIED COPY OF FIR NO.1463/2018 FILED BY KALLAMBALAM POLICE BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT (TEMPORARY), ATTINGAL.
RESPONDENTS' EXHIBITS: NIL