Sibi @ Sibeesh N vs State Of Kerala on 27 February, 2020

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Kerala High Court

Sibi @ Sibeesh N vs State Of Kerala on 27 February, 2020

Bench: P.B.Suresh Kumar

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

         THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

 THURSDAY, THE 27TH DAY OF FEBRUARY 2020 / 8TH PHALGUNA,
                           1941

                  Crl.MC.No.1674 OF 2020(H)

  CRIME NO.654/2019 OF Kathirur Police Station , Kannur


PETITIONER/ACCUSED:

             SIBI @ SIBEESH N, AGED 34 YEARS
             S/O. SASEENDRAN, MAANIKOTH KANDI HOUSE,
             KOTTAYAM AMSOM, ERUVATTY, KOTTYAMPOYIL P O,
             KANNUR-670691.

             BY ADVS.
             SRI.P.C.ANIL KUMAR
             SRI.MANU.M.THOMAS
             SMT.P.SREESHA

RESPONDENTS/DE FACTO COMPLAINANT & STATE:

     1       STATE OF KERALA
             REPRESENTED BY THE PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM-682031.

     2       VIDYA T
             W/O. PRAKASHAN, 33 YEARS, SIVAM,
             KADIRUR, PULLIYOD, THALASSERY,
             KANNUR-670642.

             R2 BY ADV. S.SOUMYA ISSAC
             BY SR. PP SRI. SANTHOSH PETER

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 27.02.2020, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
 Crl.MC.No.1674 OF 2020(H)

                               ..2..




                   Crl.MC.No.1674 OF 2020
                  -------------------------------

                             ORDER

This is a proceedings under Section 482 of the Code of Criminal Procedure for quashing Annexure - A1 First Information Report and all further proceedings pursuant thereto in Crime No.654 of 2019 of Kathiroor Police Station.

2. The petitioner is the accused in the said case. The case was one registered under Sections 341, 294(b), 354D(i) and 506 of the Indian Penal Code.

3. It is seen that the petitioner 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 petitioner, the learned Public Prosecutor as also the learned counsel for the de facto complainant.

5. 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 decision of the Apex Court in Gian singh v. State Crl.MC.No.1674 OF 2020(H) ..3..

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 - A1 First Information Report and all further proceedings pursuant thereto in Crime No.654 of 2019 of Kathiroor Police Station are quashed.

Sd/-

P.B.SURESH KUMAR JUDGE ds 28.02.2020 Crl.MC.No.1674 OF 2020(H) ..4..

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF FIR NO. 654/2019 DATED 30.12.2019 OF KATHIROOR POLICE STATION, KANNUR.

ANNEXURE A2 NOTARISED AFFIDAVIT OF THE DE-FACTO COMPLAINANT/2ND RESPONDENT DATED 24.01.2020.

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