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
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
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
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
