Kerala High Court
Nithin Raj vs Greeshma Chandrasekharan on 5 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
CRL.MC NO. 10994 OF 2023
CRIME NO.239/2019 OF NORTH PARAVUR POLICE STATION, ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.700 OF 2020 OF
JUDICIAL FIRST CLASS MAGISTRATE COURT- III, NORTH PARAVUR
PETITIONERS/ACCUSED:
1 NITHIN RAJ
AGED 37 YEARS
S/O BABURAJ, CHEMMALIL HOUSE, NANDIATTUKUNNAM,
NORTH PARAVUR, ERNAKUALM, PIN - 683513
2 BABURAJ
AGED 67 YEARS
S/O PARAMESWARAN, CHEMMALIL HOUSE,
NANDIATTUKUNNAM, NORTH PARAVUR, ERNAKUALM,
PIN - 683513
3 SEENA BABURAJ
AGED 65 YEARS
W/O BABURAJ, CHEMMALIL HOUSE, NANDIATTUKUNNAM
NORTH PARAVUR, ERNAKUALM, PIN - 683513
4 NIVIN RAJ
AGED 40 YEARS
S/O BABURAJ, CHEMMALIL HOUSE, NANDIATTUKUNNAM
NORTH PARAVUR, ERNAKUALM, PIN - 683513
BY ADV
LIJU. M.P
RESPONDENTS/DEFACTO COMPLAINANT AND STATE:
1 GREESHMA CHANDRASEKHARAN
AGED 36 YEARS
D/O CHANDRASEKHARAN, CHEMMALIL HOUSE, PERUVARAM,
NORTH PARAVUR, NOW RESIDING AT PLACKAL HOUSE,
PERUMBODATH ROAD, KEDAMANGALAM, NORTH PARAVUR,
ERNAKULAM, PIN - 685513
2
Crl.M.C. No.10994 OF 2023
2 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
BY ADV
SIR. RENJITH GEORGE - SENIOR PUBLIC PROSECUTOR
VINOD KUMAR C
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 05.04.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
3
Crl.M.C. No.10994 OF 2023
A. BADHARUDEEN, J.
------------------------------------------------
Crl.M.C. No.10994 of 2023
-------------------------------------------------
Dated this the 5th 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.700/2020 on the
files of the Judicial First Class Magistrate Court-III, North
Paravur arose out of the Crime No.239/2019 of the North
Paravur Police Station, Ernakulam. Petitioners herein are the
accused Nos.1 to 4 in the above case.
2. Heard the learned counsel for the petitioners, the
learned counsel appearing for the defacto complainant and
the learned Public Prosecutor.
3. In this matter, offences punishable under Sections
498A, 354, 323 and 506 read with Section 34 of the Indian
Penal Code are alleged to have been committed by the
accused and the defacto complainant is none other than the
wife of the first accused.
Crl.M.C. No.10994 OF 2023
4. The defacto complainant filed Annexure A2 affidavit
stating that the matrimonial dispute has been settled
between the parties and no further action is required in this
matter.
5. The learned Public Prosecutor submitted that a
similar statement of the defacto complainant was recorded
by the Police also.
6. In view of the affidavit, there is no meaning in
continuing this case further, to cause hindrance to the
peaceful living of parties in the case. 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.700/2020 on the files of the
Judicial First Class Magistrate Court-III, North Paravur arose
out of the Crime No.239/2019 of the North Paravur Police
Station, Ernakulam, and the proceedings thereof stand
quashed.
Sd/-
A. BADHARUDEEN
JUDGE
BR
Crl.M.C. No.10994 OF 2023
APPENDIX OF CRL.MC 10994/2023
PETITIONER'S ANNEXURES
Annexure 1 CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO.239/2019 OF NORTH PARAVUR
POLICE STATION, ERNAKULAM
Annexure 2 ORIGINAL OF THE AFFIDAVIT DATED 13.12.23
EXECUTED BY THE 1ST RESPONDENT/ DEFACTO
COMPLAINANT
RESPONDENT'S ANNEXURES: NIL
