Kerala High Court
Jinson vs State Of Kerala on 13 March, 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
FRIDAY, THE 13TH DAY OF MARCH 2020 / 23RD PHALGUNA, 1941
Crl.MC.No.1812 OF 2020(F)
AGAINST CC No.123/18 PENDING ON THE FILES OF THE JFCM
COURT, KAKKANAD
CRIME NO.866/2011 OF THRIKKAKARA POLICE STATION ,
ERNAKULAM
PETITIONER/ACCUSED:
JINSON
AGED 45 YEARS
S/O.GEORGE, KUZHIJALIKUNNEL (HOUSE),
VADAKODUKARA, KANGARAPADI, THRIKKAKARA NORTH,
ERNAKULAM (DIST),
(PRESENTLY RESIDING AT KUZHINJALIKUNNEL HOUSE,
THEKKINKANAM, ELLAKKAL, BAISON VALLY,
UDUMPANCHOLA, IDUKKI DISTRICT.
BY ADV. SMT.K.T.DIVYAMOL
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
2 JILNA JINSON
AGED 21 YEARS
D/O.JINSON, KUZHINJALIKKUNNEL (H),
THEKKINKANAM, ELLAKKAL, BAISON VALLY,
CHITHIRAPURAM, UDUMPANCHOLA, IDUKKI (DIST),
PIN-685 565.
Crl.M.C.No.1812 of 2020
2
3 PAULSON K.J.,
AGED 18 YEARS
S/O.JINSON, KUZHINJALIKKUNNEL (H),
THEKKINKANAM, ELLAKKAL, BAISON VALLY,
CHITHIRAPURAM, UDUMPANCHOLA, IDUKKI (DIST),
PIN-685 565.
R2 TO R3 BY ADV. P.V.REMA
R1 BY SRI.SANTHOSH PETER, SR. PUBLIC
PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 13.03.2020, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C.No.1812 of 2020
3
ORDER
This is a proceedings under Section 482 of the Code of Criminal Procedure for quashing Annexure - A3 Final Report pending trial before the Judicial First Class Magistrate Court, Kakkanad in C.C.No.123 of 2018.
2. Petitioner is the accused in the said case. The case was one registered under Section 498A of the Indian Penal Code. The de facto complainant in the case is the wife of the petitioner and she is no more. After the death of the de facto complainant, it is seen that the petitioner is residing with his children, viz, respondents 2 and 3 who are the legal representatives of the de facto complainant. Respondents 2 and 3 have sworn to affidavits stating that they have no objection in closing the case.
3. Heard the learned counsel for the petitioner, the learned Public Prosecutor as also the learned counsel for respondents 2 and 3.
4. It is seen that the dispute arose on account of Crl.M.C.No.1812 of 2020 4 the matrimonial discord between the de facto complainant and the petitioner. As noted, de facto complainant is no more. Her legal representatives, who are residing with the petitioner, are not interested in pursuing the matter. In the circumstances, 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, I am of the view that this case can be closed, invoking the jurisdiction of this court under Section 482 of the Code of Criminal Procedure.
In the result, the Crl.M.C. is allowed and Annexure - A3 Final Report pending trial before the Judicial First Class Magistrate Court, Kakkanad in C.C.No.123 of 2018 and all further proceedings thereto are quashed.
Sd/-
P.B.SURESH KUMAR, JUDGE.
DK Crl.M.C.No.1812 of 2020 5 APPENDIX PETITIONER'S EXHIBITS:
ANNEXURE A1 A TRUE COPY OF THE FIS DATED 10.05.2011 IN CRIME NO.866/2011 OF THRIKKAKKARA POLICE STATION.
ANNEXURE A2 A TRUE COPY OF THE FIR DATED 10.05.2011 IN CRIME NO.866/2011 OF THRIKKAKKARA POLICE STATION.
ANNEXURE A3 CERTIFIED COPY OF THE CHARGE SHEET DATED 29.05.2011 IN CRIME NO.866/2011 OF THRIKKAKKARA POLICE STATION.
ANNEXURE A4 THE NOTARISED AFFIDAVIT EXECUTED BY 2ND RESPONDENT DATED 21.10.2019.
ANNEXURE A5 THE NOTSRISED AFFIDAVIT EXECUTED BY 3RD RESPONDENT DATED 21.10.2019.
ANNEXURE A6 A TRUE COPY OF THE ADHAR CARD ISSUED IN THE NAME OF THE 2ND RESPONDENT.
ANNEXURE A7 A TRUE COPY OF THE ADHAR CARD ISSUED IN THE NAME OF THE 3RD RESPONDENT.
ANNEXURE A8 A TRUE COPY OF THE DEATH CERTIFICATE OF THE DEFACTO COMPLAINANT IN CRIME NO.866/2011 OF THRIKKAKKARA POLICE STATION BY NAME SHEENA ISSUED BY KOZHIKODE CORPORATION DATED 21.07.2015.
ANNEXURE A9 TRUE COPY OF THE BIRTH CERTIFICATE OF 2ND RESPONDENT ISSUED BY MANANTHAVADI GRAMA PANCHAYATH DATED 07.06.2016. Crl.M.C.No.1812 of 2020 6 ANNEXURE A10 TRUE COPY OF THE BIRTH CERTIFICATE OF 3RD RESPONDENT ISSUED BY MANANTHAVADI GRAMA PANCHAYATH DATED 07.06.2016.
RESPONDENTS' EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
DK