Kerala High Court
Nayana vs The State Of Kerala on 7 January, 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
TUESDAY, THE 07TH DAY OF JANUARY 2020 / 17TH POUSHA, 1941
Crl.MC.No.36 OF 2020(D)
AGAINST CC 806/2016 ON THE FILES OF JUDICIAL FIRST CLASS
MAGISTRATE COURT, CHANGANASSERY
CRIME NO.1987/2015 OF KARUKACHAL POLICE STATION, KOTTAYAM
PETITIONERS/DE-FACTO COMPLAINANT AND 1ST ACCUSED:
1 NAYANA,
AGED 32 YEARS
D/O. V.R. SHAILAJA, TC 4/1046, BHAMA IA-PC
LANE, KOWDIAR, TRIVANDRUM -695003.
2 EBIN THOMAS,
AGED 34 YEARS
S/O. EAPEN THOMAS, PARAMBUZHA HOUSE,
SANTHIPURAM P.O., NEDUGANDIPALLY, KOTTAYAM
-686545, PRESENTLY RESIDING AT PARAMBUZHA
HOUSE, PURAMATTAM VILLAGE, MADATHUBHAGOM NORTH
P.O., PATHANAMTHITTA-689543.
BY ADVS.
SRI.C.UNNIKRISHNAN
SRI.D.JAYAKRISHNAN
RESPONDENTS/STATE & OTHER ACCUSED:
1 THE STATE OF KERALA,
REPRESENTED BY STATION HOUSE OFFICER,
KARUKACHAL POLICE STATION, SH9, KARUKACHAL,
KOTTAYAM-686540.
2 MRS. LEELA EAPEN,
AGED 61 YEARS, W/O. EAPEN THOMAS, RESIDING AT
PARAMBUZHA HOUSE, PURAMATTAM VILLAGE,
MADATHUBHAGOM NORTH P.O., PATHANAMTHITTA-
689543.
Crl.M.C. No.36 of 2020 2
3 MRS. SUMI LINU THOMAS,
AGED 31 YEARS, W/O. LINU THOMAS,
ANGADIPATTUPARAMBIL HOUSE, NEAR GOVERNMENT
POLYTECHNIC, VENNIKKULAM, PURAMATTOM,
PATHANAMTHITTA - 689 543.
SRI. SANTHOSH PETER, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 07.01.2020, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C. No.36 of 2020 3
ORDER
This is a proceedings instituted under Section 482 of the Code of Criminal Procedure for quashing Annexure - A2 final report and all further proceedings pursuant thereto now pending as C.C.No.806 of 2016 on the files of the Court of the Judicial Magistrate of First Class, Changanassery.
2. The case referred to above is one instituted at the instance of the first petitioner against the second petitioner and respondents 2 and 3 under Section 498A read with Section 34 of the Indian Penal Code.
3. It is seen that the first petitioner has settled her disputes with the second petitioner and respondents 2 and 3. Annexure - A3 is the settlement entered into between them. In terms of Annexure - A3, the first petitioner has agreed to take necessary steps to withdraw the case aforesaid and this proceedings is seen instituted on that basis.
4. Heard the learned counsel for the petitioners as Crl.M.C. No.36 of 2020 4 also the learned Public Prosecutor.
5. In the light of the decision of the Apex Court in Gian singh v. State of Punjab, (2012) 10 SCC 303, I am of the view that this is an appropriate case where this court has to invoke the jurisdiction under Section 482 of the Code of Criminal Procedure to quash the proceedings against the second petitioner and respondents 2 and 3.
In the result, the Crl.M.C. is allowed and Annexure-A2 final report and all further proceedings pursuant thereto against the second petitioner and respondents 2 and 3 pending as C.C.No.806 of 2016 on the files of the Court of the Judicial Magistrate of First Class, Changanassery are quashed.
Sd/-
P.B.SURESH KUMAR, JUDGE.
DK Crl.M.C. No.36 of 2020 5 APPENDIX PETITIONERS' EXHIBITS:
ANNEXURE A1 TRUE COPY OF FIR DATED 18/11/2015 IN CRIME NO.1987/2015 OF KARUKACHAL POLICE STATION, KOTTAYAM.
ANNEXURE A2 TRUE COPY OF THE FINAL REPORT DATED 20/07/2016 IN CRIME NO.1987/2015 OF KARUKACHAL POLICE STATION, KOTTAYAM.
ANNEXURE A3 ORIGINAL NOTARISED AGREEMENT DATED 15/12/2019 BETWEEN THE PETITIONERS.
ANNEXURE A4 TRUE COPY OF JUDGMENT DATED 20/06/2018 IN OP (DIV) 502/2017 RENDERED BY THE FAMILY COURT, TRIVANDRUM DISSOLVING THE MARRIAGE BETWEEN THE PETITIONERS.
RESPONDENTS' EXHIBITS: NIL //TRUE COPY// PA TO JUDGE DK