BABEESH P v. STATE OF KERALA
Court: High Court of Kerala
Bench: HONOURABLE MR. JUSTICE A. BADHARUDEEN
Judgment date:
Case summary
High Court of Kerala judgment dated 2024-08-05. BABEESH P v. STATE OF KERALA. Read the judgment and case details on LawSphereX.
Judgment text
2024:KER:59559 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN TH MONDAY, THE 5 DAY OF AUGUST 2024 / 14TH SRAVANA, 1946 CRL. MC NO. 5870 OF 2024 CRIME NO. 904/2020 OF KOYILANDY POLICE STATION, KOZHIKODE IN C. C. NO. 122 OF 2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS-I, KOYILANDY PETITIONERS/ACCUSED 1 AND 2: 1 BABEESH P AGED 41 YEARS S/O BHASKARAN PRANAVAM, PERUTHAYIL, KATALUR-PO MOODADI, KOZHIKODE DISTRICT, PIN - 673529 2 KAMALA AGED 62 YEARS W/O BHASKARAN PRANAVAM, PERUTHAYIL, KATALUR-PO MOODADI, KOZHIKODE DISTRICT, PIN - 673529 BY ADV P.
VENUGOPAL RESPONDENTS/STATE/DEFACTO COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 STATION HOUSE OFFICER KOYILANDY POLICE STATION, KOYILANDY KOZHIKODE DISTRICT, PIN - 673305 3 DHANYA MATHEW AGED 35 YEARS D/O MATHEW, CHURUKAYIL PARA HOUSE, PERUVANNAMOOZHI-PO, PERAMBRA, KOYILANDY TALUK, KOZHIKODE DISTRICT, PIN - 673528 SR PP - RENJIT GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05. 08. 2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2024:KER:59559 Crl. M. C. No. 5870 of 2024 ORDER th Dated this the 5 day of August, 2024 This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash Annexure-2 Final Report in Crime No. 904/2020 of Koyilandy Police Station, Kozhikode, now pending as C. C. No. 122/2021 on the files of the Judicial First Class Magistrate Court, Koyilandy. 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), 406, 324 read with 34 of IPC are alleged to have been committed by the accused and the defacto st complainant is none other than the wife of the 1 accused. 4. An afÏdavit 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 of quashing the proceedings. 2024:KER:59559 Crl. M. C. No. 5870 of 2024 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-2 Final Report in Crime No. 904/2020 of Koyilandy Police Station, Kozhikode, now pending as C. C. No. 122/2021 on the files of the Judicial First Class Magistrate Court, Koyilandy and the proceedings thereof stand quashed. Sd/- A. BADHARUDEEN JUDGE SK 2024:KER:59559 Crl. M. C. No. 5870 of 2024 APPENDIX OF CRL. MC 5870/2024 PETITIONER ANNEXURES : Annexure 1 CERTIFIED COPY OF THE F. I. R IN CRIME NO:904/2020 OF KOYILANDY POLICE STATION, DATED 07. 09. 2020 TOGETHER WITH THE FIRST INFORMATION STATEMENT OF THE THIRD RESPONDENT Annexure 2 CERTIFIED COPY OF THE FINAL REPORT SUBMITTED BY THE SECOND RESPONDENT IN CRIME NO:904/2020 DATED 30. 10. 2020 TOGETHER WITH THE MEMORANDUM OF EVIDENCE Annexure 3 AFFIDAVIT DULY EXECUTED BY THE THIRD RESPONDENT DATED 01-07-2024 RESPONDENTS’ ANNEXURES : NIL
Source: High Court of Kerala. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.