Kerala High Court
Laljo Jose vs State Of Kerala on 22 November, 2024
2024:KER:88249
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
FRIDAY, THE 22ND DAY OF NOVEMBER 2024 / 1ST AGRAHAYANA, 1946
CRL.MC NO. 6233 OF 2024
CRIME NO.461/2021 OF CHENGANNOOR POLICE STATION, ALAPPUZHA
IN C.C. NO.2044 OF 2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,
CHENGANNUR
PETITIONERS/ACCUSED 1 & 2:
1 LALJO JOSE
AGED 31 YEARS
S/O LATE JOSE, PALLIKIZHAKKETHIL, VADAKODU,
THALAVOOR VILLAGE, KURA P.O, KOTTARAKKARA, PIN - 691557
2 LALAMMA JOSE
AGED 50 YEARS
W/O LATE JOSE, PALLIKIZHAKKETHIL, VADAKODU,
THALAVOOR VILLAGE, KURA P.O, KOTTARAKKARA, PIN - 691557
BY ADVS.
AMAL PARTHASARADHY
GIBI.C.GEORGE
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
PIN - 682031
2 JOJU GEORGE
AGED 28 YEARS
D/O REJI THOMAS, KOCHUPATTATHIL HOUSE, THITTAMEL MURI,
CHENGANNUR, ALAPPUZHA DISTRICT, PIN - 689121
PP - M P PRASANTH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
22.11.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2024:KER:88249
Crl.M.C. No. 6233 of 2024
2
ORDER
Dated this the 22nd day of November, 2024 This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash all further proceedings pursuant to Annexure-1 FIR and Annexure-2 Final Report in Crime No.461/2021 of Chengannur Police Station, Alappuzha, now pending as C.C. No.2044/2021 on the files of the Judicial First Class Magistrate Court-I, Chengannur. The petitioners herein are accused Nos.1 and 2 in the above case.
2. Heard the learned counsel for the petitioners, the learned counsel appearing for the defacto complainant and the learned Public Prosecutor.
3. In this matter, offences punishable under Sections 498(A), 323 read with 34 of Indian Penal Code are alleged to have been committed by the accused and the defacto complainant is none other than the wife of the 1st accused.
4. At the time of hearing, the learned counsel for the petitioners would submit that, the 1st petitioner, who is the husband of the defacto complainant is no more and now 2024:KER:88249 Crl.M.C. No. 6233 of 2024 3 quashment is being pressed into by the 2 nd accused alone. He has placed much reliance on Annexure.4 agreement entered into between the parties, stating that the entire dispute between the parties has been settled.
5. The learned Public Prosecutor produced the written undertaking given by the defacto complainant dated 03.08.2024 stating that, now she has been employed in Canada and she obtained divorce. The defacto complainant also stated that she has no interest to proceed further in this matter and statement of the defacto complainant to that effect has been recorded through e-mail. The Investigating Officer has also filed a statement stating the above facts.
6. Since the matter has been settled, there is no reason to disallow the prayer for quashment. Therefore, in the interest of justice, I am inclined to allow this petition. The written undertaking given by the defacto complainant dated 03.08.2024 and the statement submitted by the Investigating Officer are made part of this Crl.M.C. as permanent records.
In the result, this petition stands allowed. Annexure-1 FIR and Annexure-2 Final Report in Crime 2024:KER:88249 Crl.M.C. No. 6233 of 2024 4 No.461/2021 of Chengannur Police Station, Alappuzha, now pending as C.C. No.2044/2021 on the files of the Judicial First Class Magistrate Court-I, Chengannur and the proceedings thereof, as against the 2nd petitioner/2nd accused, stand quashed.
Sd/-
A. BADHARUDEEN JUDGE SK 2024:KER:88249 Crl.M.C. No. 6233 of 2024 5 APPENDIX OF CRL.MC 6233/2024 PETITIONER ANNEXURES :
Annexure 1 CERTIFIED COPY OF F.I.R. IN CRIME NO 0461/2021 OF CHENGANNUR POLICE STATION Annexure 2 CERTIFIED COPY OF FINAL REPORT IN CRIME NO.0461/2021 OF CHENGANNUR POLICE STATION Annexure 3 CERTIFIED COPY OF THE ORDER PASSED BY THE FAMILY COURT, MAVELIKKARA IN O.P(DIV) NO 1498/2022 Annexure 4 COPY OF THE AGREEMENT DATED 16TH AUGUST 2021 ENTERED BETWEEN THE PETITIOER AND THE RESPONDENT RESPONDENTS' ANNEXURES : NIL