Kerala High Court
Arun Gadhan vs Nil on 28 May, 2020
Author: P.B.Suresh Kumar
Bench: P.B.Suresh Kumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
THURSDAY, THE 28TH DAY OF MAY 2020 / 7TH JYAISHTA, 1942
Crl.MC.No.1082 OF 2020(E)
CRIME NO.1683/2019 OF POONTHURA POLICE STATION,
THIRUVANANTHAPURAM
PETITIONER/PETITIONERS/ACCUSED 1 TO 4:
1 ARUN GADHAN
AGED 29 YEARS
S/O. GADAN, T.C. NO.68/534, ERA HOUSE NO. 107,
THOTTAM, ERUMKULUNGARA, KAMALESHWARAM WARD,
MANACAUD P O, THIRUVANANTHAPURAM, PIN-695 009.
2 GADAN
AGED 65 YEARS
S/O. SAHADEVAN, T C NO.68/534, ERA HOUSE NO.107,
THOTTAM, ERUMKULUNGARA, KAMALESHWARAM WARD,
MANACAUD P O, THIRUVANANTHAPURAM, PIN-695009.
3 AJITHAKUMARI
AGED 55 YEARS
W/O. GADAN, T.C. NO.68/534, ERA HOUSE NO.107,
THOTTAM, ERUMKULANGARA, KAMALESHWARAM WARD,
MANACAUD P O, THIRUVANANTHAPURAM, PIN-695009.
4 AJAY GADHAN
AGED 27 YEARS
S/O. GADAN, T.C. NO.68/534, ERA HOUSE NO.107,
THOTTAM, ERUMKULUNGARA, KAMALESHWARAM WARD,
MANACAUD P O, THIRUVANANTHAPURAM, PIN-695009.
BY ADVS.
SRI.M.S.UNNIKRISHNAN
SRI.RINU. S. ASWAN
SMT.M.ARDRA KRISHNAN
Crl.M.C.No.1082 of 2020 2
RESPONDENT/RESPONDENTS/STATE OF KERALA AND THE DE-FACTO
COMPLAINANT:
1 THE STATE OF KERALA
REP.BY THE SUB INSPECTOR OF POLICE,
POONTHURA POLICE STATION, THROUGH THE PUBLIC
PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM -682031.
2 SABARI RAJENDRAN
AGED 28 YEARS, W/O.ARUN GADHAN, NAIKOM
VILAKAM HOUSE, THOTTAM, MANACAUD, ERA - 107,
MUTTATHARA VILLAGE, TRIVANDRUM, PIN-695009.
R1 BY SRI.RAMESH CHAND, PUBLIC PROSECUTOR
R2 BY ADV. SRI.S.SUNIL
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD
ON 28.05.2020, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C.No.1082 of 2020 3
Crl.M.C.No.1082 of 2020
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ORDER
This is a proceedings under Section 482 of the Code of Criminal Procedure for quashing Annexure - I First Information Report and all further proceedings pursuant thereto in Crime No.1683 of 2019 of Poonthura Police Station.
2. The petitioners are the accused in the said case. The case was one registered under Sections 498A read with Section 34 of the Indian Penal Code.
3. It is seen that the petitioners and the de facto complainant have amicably settled the disputes. An affidavit sworn to by the de facto complainant to that effect is part of the records.
4. Heard the learned counsel for the petitioners, the learned Public Prosecutor as also the learned counsel for the de facto complainant.
Crl.M.C.No.1082 of 2020 4
5. It is seen that the dispute arose on account of the matrimonial discord between the de facto complainant and her husband, the first 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 - I First Information Report and all further proceedings pursuant thereto in Crime No.1683 of 2019 of Poonthura Police Station are quashed.
Sd/-
P.B.SURESH KUMAR, JUDGE.
DK Crl.M.C.No.1082 of 2020 5 APPENDIX PETITIONERS' EXHIBITS:
ANNEXURE I CERTIFIED COPY OF THE F I R IN CRIME NO.1683 OF 2019 OF THE POONTHURA POLICE STATION ALONG WITH THE STATEMENT DATED 12.08.2019.
ANNEXURE II A TRUE COPY OF TERMS AND CONDITIONS ARRIVED BETWEEN THE DISPUTANTS IN CRL.M.C 1992/2019 OF HON'BLE SESSIONS COURT, TRIVANDRUM DATED NIL.
ANNEXURE III A TRUE COPY OF THE DEMAND DRAFT FOR THE AMOUNT OF RS.5 LAKHS IN NAME OF SABARI RAJENDRAN DATED 29.01.2020 ISSUED FROM STATE BANK OF INDIA, MANACAUD BRANCH.
ANNEXURE IV A TRUE COPY OF THE JOINT APPLICATION FILED FOR DIVORCE BY THE PETITIONERS 1 AND RESPONDENT NO.2 HEREIN BEFORE THE HON'BLE FAMILY COURT, ATTINGAL IN OP NO.159 OF 2020 DATED 27.01.2020.
ANNEXURE V ORIGINAL NOTARISED AFFIDAVIT OF THE RESPONDENT NO.2 DATED 27.01.2020.
RESPONDENTS' EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
DK