Kerala High Court
Ranjith. C. R vs State Of Kerala on 22 October, 2024
2024:KER:78671
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946
CRL.MC NO. 7718 OF 2024
CRIME NO.1577/2016 OF AMBALAPPUZHA POLICE STATION, ALAPPUZHA
IN C.C. NO.267 OF 2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS, AMBALAPUZHA
PETITIONERS/ACCUSED NO.1 TO 3:
1 RANJITH. C. R
AGED 37 YEARS
S/O REGHUPATHY CHAKKALAKKAL HOUSE, THEVARA, ERNAKULAM,
PIN - 682013
2 BHAIMI
AGED 65 YEARS
W/O REGHUPATHY CHAKKALAKKAL HOUSE, THEVARA, ERNAKULAM,
PIN - 682013
3 SARITHA JITHENDRAN
AGED 35 YEARS
W/O JITHENDRAN, CHEKKALAKKAL HOUSE, THEVARA, ERNAKULAM
PRESENTLY RESIDING AT THITTAYIL KANNOTH HOUSE,
CHERUKULAM ROAD, MARUNNUKADA. P.O., ERNAKULAM, PIN - 682006
BY ADV K.V.BHADRA KUMARI
RESPONDENTS/COMPLAINANT & DEFACTO COMPLAINANT:
1 STATE OF KERALA
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682018
2 ANJITHA
AGED 31 YEARS
D/O K.G VENUNATHAN, SREE GANGA, CHEMBAKASSERY, RESIDENCE NO:
10, KOMANA MURI, AMBALAPPUZHA. P.O., ALAPPUZHA DT,
PIN - 688561
BY ADV BYJA E.G.
SR PP - RENJIT GEORGE
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
22.10.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2024:KER:78671
Crl.M.C. No. 7718 of 2024
2
ORDER
Dated this the 22nd day of October, 2024
This Criminal Miscellaneous Case has been filed
under Section 528 of the Bharatiya Nagarik Suraksha
Sanhita, 2023, to quash all further proceedings pursuant to
Annexure-II Final Report in Crime No.1577/2016 of
Ambalapuzha Police Station, Alappuzha, now pending as
C.C. No.267/2018 on the files of the Judicial First Class
Magistrate Court-II, Ambalapuzha. The 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 defacto complainant and
the learned Public Prosecutor.
3. In this matter, offences punishable under Sections
498(A) read with 34 of Indian Penal Code are alleged to have
been committed by the accused and the defacto
complainant is none other than the wife of the 1st accused.
4. An affidavit sworn by the defacto complainant has
been placed stating that the matter has been settled in
between the parties and she has no grievance in the matter
2024:KER:78671
of quashing the proceedings.
5. The learned Public Prosecutor also submitted that
the matter has been settled between the parties and
statement of the defacto complainant to that effect has been
recorded.
6. Since the matter has been settled, there is no
reason to disallow the prayer for quashment, so as to
facilitate peaceful living of the married couple. Therefore, in
the interest of justice, I am inclined to allow this petition.
In the result, this petition stands allowed.
Annexure-II Final Report in Crime No.1577/2016 of
Ambalapuzha Police Station, Alappuzha, now pending as C.C.
No.267/2018 on the files of the Judicial First Class Magistrate
Court-II, Ambalapuzha and the proceedings thereof, as
against the petitioners/accused Nos.1 to 3, stand quashed.
Sd/-
A. BADHARUDEEN
JUDGE
SK
2024:KER:78671
PETITIONER ANNEXURES
Annexure I TRUE COPY OF THE FIR NO: 1577/2016 REGISTERED
BY THE AMBALAPUZHA POLICE AGAINST THE
PETITIONERS ON18/10/2016
Annexure ll CERTIFIED COPY OF THE CHARGE SHEET IN CC NO:
267/2018 OF JFCM COURT, AMBALAPUZHA
Annexure III TRUE COPY OF THE JUDGMENT PASSED BY THE FAMILY
COURT, ALAPPUZHA IN OP (HMA) NO:202/2017 DATED
26/9/2017
Annexure IV ORIGINAL AFFIDAVIT SIGNED BY THE 2 ND
RESPONDENT DATED 26/8/2024
