Vineetha vs The State Of Kerala on 13 January, 2020

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Kerala High Court

Vineetha vs The State Of Kerala on 13 January, 2020

Bench: P.B.Suresh Kumar

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

           THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

 MONDAY, THE 13TH DAY OF JANUARY 2020 / 23RD POUSHA, 1941

                    Crl.MC.No.245 OF 2020(A)

  AGAINST THE PROCEEDINGS IN C.C.NO.421/2015 OF JUDICIAL
         FIRST CLASS MAGISTRATE COURT -II,MANJERI

 CRIME NO.581/2015 OF MANJERI POLICE STATION, MALAPPURAM



PETITIONER/ACCUSED:

               VINEETHA
               AGED 34 YEARS
               D/O.KUMUDINI (LATE), HEAVEN, 22ND MILE,
               MANJERI, MALAPPURAM DISTRICT.

               BY ADV. SRI.R.RANJITH (MANJERI)

RESPONDENTS/STATE, DEFACTO COMPLAINANT:

       1       THE STATE OF KERALA
               REPRESENTED BY THE PUBLIC PROSECUTOR,
               HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031
               FOR THE SUB INSPECTOR OF POLICE, CHOMBALA
               POLICE STATION, MALAPPURAM DISTRICT.

       2       PRIYANKA PALACKAL KALIDAS
               AGED 35 YEARS
               KEZHAKKUZHI VEEDU, KARUNILAKKODE VARKKALA,
               EDAVA P.O., THIRUVANANTHAPURAM DISTRICT-
               695311.

               R2 BY ADV. SRI. V.SANTHARAM
               R1 BY SRI.AMJAD ALI, PUBLIC PROSECUTOR

      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON   13.01.2020,    THE   COURT   ON   THE   SAME   DAY   PASSED   THE
FOLLOWING:
 Crl.M.C.No.245 of 2020
                                     2



                         Crl.M.C.No.245 of 2020
               -----------------------------------------------


                                ORDER

This is a proceedings under Section 482 of the Code of Criminal Procedure for quashing Annexure - A Final Report pending trial before the Judicial First Class Magistrate Court - II, Manjeri in C.C.No.421 of 2015.

2. The petitioner is the accused in the said case. The case was one registered under Sections 341, 324, 188 and 498A of the Indian Penal Code.

3. It is stated that the petitioner and the de facto complainant of the crime have amicably settled the disputes and an affidavit sworn to by the de facto complainant is part of the records.

4. Heard the learned counsel for the petitioner, the learned Public Prosecutor as also the learned counsel for the Crl.M.C.No.245 of 2020 3 de facto complainant.

5. In the light of the decision of the Apex Court in Gian singh v. State of Punjab, (2012) 10 SCC 303, insofar as the offences alleged against the petitioner are only offences punishable under Sections 341, 324, 188 and 498A of the Indian Penal Code, 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.

In the result, the Crl.M.C. is allowed and Annexure - A Final Report pending trial before the Judicial First Class Magistrate Court - II, Manjeri in C.C.No.421 of 2015 and all further proceedings thereto are quashed.

Sd/-

P.B.SURESH KUMAR, JUDGE.

DK Crl.M.C.No.245 of 2020 4 APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE A TRUE COPY OF THE MEMORANDUM OF EVIDENCE ALONG WITH CHARGE IN CRIME NO.581/2015 OF THE MANJERI POLICE STATION, MALAPPURAM DISTRICT.

ANNEXURE B TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT DATED 09.01.2020.

RESPONDENTS' EXHIBITS:       NIL

                                                  //TRUE COPY//


                                                    PA TO JUDGE

DK

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