Kerala High Court
Gokul.C.S vs State Of Kerala on 3 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
CRL.MC NO. 466 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.40 OF 2022 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -II,NEDUMANGAD
PETITIONERS/ACCUSED:
1 GOKUL.C.S.
AGED 27 YEARS
S/O CHANDRAKUMAR, SUJA BHAVAN, PATTUKUNNU,
PRABHAKARAN LANE, KALLAYAM.P.O., KUDAPPANAKKUNNU,
PEROORKADA VILLAGE, THIRUVANANTHAPURAM DISTRICT,,
PIN - 695043
2 SUJA KUMARI
AGED 44 YEARS
D/O GIRIJA, SUJA BHAVAN, PATTUKUNNU, PRABHAKARAN
LANE, KALLAYAM.P.O., KUDAPPANAKKUNNU, PEROORKADA
VILLAGE, THIRUVANANTHAPURAM DISTRICT,, PIN -
695043
BY ADV
M.ABDUL RASHEED
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULA, PIN - 682031
2 STATION HOUSE OFFICER
AYIROOR POLICE STATION, AYIROOR P.O.,
THIRUVANANTHAPURAM DISTRICT,, PIN - 695310
3 RUGMA RAJEEV
AGED 23 YEARS
D/O VIJAYALEKSHMI, UTHRUTTATHI, KALLINGAL,
PULIPPARA ROAD, NEDUMANGAD.P.O., KARIPPOOR
VILLAGE, NEDUMANGAD TALUK, THIRUVANANTHAPURAM,
PIN - 695541
2
Crl.M.C. No.466 OF 2024
BY ADV
SRI. RENJITH GEORGE - SENIOR PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 03.04.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
3
Crl.M.C. No.466 OF 2024
A. BADHARUDEEN, J.
------------------------------------------------
Crl.M.C. No. 466 of 2024
-------------------------------------------------
Dated this the 3rd day of April, 2024
ORDER
This Criminal Miscellaneous Case has been filed under
Section 482 of the Code of Criminal Procedure, 1973, to
quash Annexure A1 Final Report in C. C. No.40/2022 on the
files of the Judicial First Class Magistrate Court-II,
Nedumangad arose out of the Crime No.3027/2021 of the
Nedumangad Police Station, Thiruvananthapuram.
Petitioners herein are the accused in the above case.
2. Heard the learned counsel for the petitioners as well
as the learned Public Prosecutor.
3. This matter involves allegation of commission of
offence punishable under Section 498A of the Indian Penal
Code, by the accused. The defacto complainanat filed an
affidavit stating that the matter has been settled and they
effected divorce. Therefore, she has no grievance in this
matter further and she also prayed for quashment of the
Crl.M.C. No.466 OF 2024
proceedings.
4. The learned Public Prosecutor also submitted that the
statement of defacto complainanat was recorded in tune with
the contents of the affidavit. Therefore, the prayer can be
allowed.
5. Since the matrimonial dispute in between the accused
and the defacto complainant was settled and they effected
divorce, there is no meaning in continuing the criminal case
further, so as to burden them. Therefore, in the interest of
justice, I am inclined to allow this petition.
In the result, this petition stands allowed and Annexure
A1 Final Report in C. C. No.40/2022 on the files of the Judicial
First Class Magistrate Court-II, Nedumangad arose out of the
Crime No.3027/2021 of the Nedumangad Police Station,
Thiruvananthapuram, and the proceedings thereof stand
quashed.
Sd/-
A. BADHARUDEEN
JUDGE
BR
Crl.M.C. No.466 OF 2024
PETITIONER'S ANNEXURES
Annexure A1 CERTIFIED COPY OF FINAL REPORT DATED
15.1.2022 IN C.C. NO.40/2022 ON THE FILE
OF JUDICIAL FIRST CLASS MAGISTRATE
COURT-II, NEDUMANGAD WHICH AROSE FROM
CRIME NO.3027/2021 OF NEDUMANGAD POLICE
STATION, THIRUVANANTHAPURAM DISTRICT
Annexure A2 ORIGINAL AFFIDAVIT SWORN BY THE 3RD
RESPONDENT DATED 30.7.2023
RESPONDENT'S ANNEXURES: NIL
