Arjunan Gangadharan vs State Of Kerala

Kerala High Court

Arjunan Gangadharan vs State Of Kerala on 21 May, 2024

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
        TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                       CRL.MC NO. 2315 OF 2024
    CRIME NO.242/2023 OF KODUNGALLUR POLICE STATION, THRISSUR
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.240 OF 2023 OF JUDICIAL
                MAGISTRATE OF FIRST CLASS, KODUNGALLUR
PETITIONERS/ACCUSED NOS.1 TO 3:

    1       ARJUNAN GANGADHARAN
            AGED 27 YEARS
            S/O GANGADHARAN, KODIYANICHIRAYIL VEEDU,
            KONDADU DESHOM, RAMAPURAM P.O,
            RAMAPURAM VILLAGE,
            KOTTAYAM DISTRICT, PIN - 686576

    2       GANGADHARAN,
            AGED 63 YEARS
            S/O KANDANSANKUNJU, KODIYANICHIRAYIL VEEDU,
            KONDADU DESHOM, RAMAPURAM P.O,
            RAMAPURAM VILLAGE, KOTTAYAM DISTRICT,
            PIN - 686576

    3       SASIKALA
            AGED 57 YEARS
            W/O GANGADHARAN,KODIYANICHIRAYIL VEEDU,
            KONDADU DESHOM, RAMAPURAM P.O,
            RAMAPURAM VILLAGE, KOTTAYAM DISTRICT,
            PIN - 686576

            BY ADV SREERAJ M.D.


RESPONDENTS/STATE/DE FACTO COMPLAINANT:

    1       STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, PIN - 682031

    2       ROSHNI
            AGED 29 YEARS
            D/O SASIDHARAN, UNNIPARAMBATHU (PATTA VEEDU )
            LOKAMALLESWARAM VILLAGE,
            KODUNGALLUR TALUK,
            THRISSUR DISTRICT, PIN - 680664
 CRL.MC NO. 2315 OF 2024
                            2


         BY ADV K.A.NIDHI

         SRI.M.P.PRASANTH, PUBLIC PROSECUTOR

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 21.05.2024, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
 CRL.MC NO. 2315 OF 2024
                                 3



                          ORDER

Dated this the 21st day of May, 2024 This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash Annexure A1 FIR and Annexure A2 Final Report and all further proceedings in C.C.No.240/2023 on the files of the Judicial First Class Magistrate Court, Kodungallur, arose out of Crime No.242/2023 of Kodungallur Police Station, Thrissur. Petitioners herein are accused Nos.1 to 3 in the above case.

2. Heard the learned counsel for the petitioners, the learned counsel appearing for the de facto complainant and the learned Public Prosecutor.

3. In this matter, offence punishable under Section 498A read with Section 34 of IPC is alleged to have been committed by the accused.

4. It is submitted that the matter has been amicably settled and the de facto complainant filed affidavit in this regard in a case involving matrimonial dispute. CRL.MC NO. 2315 OF 2024 4

5. The learned Public Prosecutor also submitted that the matter has been settled between the parties and statement of the de facto complainant to that effect has been recorded.

6. The defacto complainant given similar statement and one grievance stated before the police, as per the statement, is that the name of the defacto complainant, included in the ration card of the petitioner's mother, to be removed.

7. In view of the submission, the learned counsel for the petitioner submitted that the petitioner would do necessary arrangements to remove the name of the defacto complainant to address the grievance of the defacto complainant within a period of six weeks. In view of the undertaking, there shall be a direction to the petitioner to do so, as undertaken without fail.

8. Since the dispute has been settled in between husband and wife, there is no reason to disallow the prayer for CRL.MC NO. 2315 OF 2024 5 quashment, so as to facilitate peaceful living of the parties hereinafter. Moreover, the petitioner has undertaken to remove the name of the defacto complainant in their ration card. Therefore, in the interest of justice, I am inclined to allow this petition.

In the result, this petition stands allowed and Annexure A1 FIR and Annexure A2 Final Report and all further proceedings in C.C.No.240/2023 on the files of the Judicial First Class Magistrate Court, Kodungallur, arose out of Crime No.242/2023 of Kodungallur Police Station, Thrissur, stand quashed.

Sd/-

A. BADHARUDEEN JUDGE nkr CRL.MC NO. 2315 OF 2024 6 APPENDIX OF CRL.MC 2315/2024 PETITIONER ANNEXURES ANNEXURE A1 A CERTIFIED COPY OF THE F.I.R DATED 7.2.2023 IN CRIME NO. 242/2023 OF KODUNGALLUR POLICE STATION ANNEXURE A2 A CERTIFIED COPY OF THE FINAL REPORT IN C.C.NO.240/2023 DATED 7/2/2023 ON THE FILES OF THE HON'BLE JUDICIAL FIRST-CLASS MAGISTRATE COURT-

                   KODUNGALLUR

ANNEXURE A3        THE AFFIDAVIT   FILED BY RESPONDENT
                   NO.2/DEFACTO     COMPLAINANT  DATED
                   25/10/2023

RESPONDENTS ANNEXURES : NIL