In a criminal miscellaneous petition filed to quash an FIR, the court observed that the petitioner, who was the second accused, had been acquitted by the trial court in a previous judgment. Consequently, the court held the petition as infructuous and dismissed it.
Petition to quash FIR dismissed as infructuous.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE MRS. JUSTICE SHIRCY V.
WEDNESDAY, THE 7TH DAY OF FEBRUARY 2018 / 18TH MAGHA, 1939
Crl.MC.No. 3965 of 2013
CRIME NO. 345/2013 OF DHARMADAM POLICE STATION , KANNUR
PETITIONER/ACCUSED
STELLA JOLLY O.K. W/O. BABY CHERIAN (LATE),AGED 55 YEARS, RESIDING AT OLAPPURAKKAL, P.O.BATHERY, WAYANAD DISTRICT.
BY ADV.SRI.V.V.NANDAGOPAL NAMBIAR
RESPONDENTS/STATE & COMPLAINANT :
1. STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. THE STATION HOUSE OFFICER DHARMADAM POLICE STATION, THALASSERY-670 106.
3. DAMSHINA W/O. SHANI VARGHESE, NOW RESIDING AT PANAKKAL, P.O.VADAKKUMBAD, PIN-670 109.
R3 BY ADV. SRI.M.SASINDRAN R 1 & 2 BY PUBLIC PROSECUTOR SRIU AJITH MURALI
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 07-02-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 3965 of 2013 ()
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE 1 : COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.345/2013 OF DHARMADAM POLICE STATION.
ANNEXURE 2 : COPY OF THE COMPLAINT.
Ks
SHIRCY V., J.
= = = == = = = = = = = = = = = = = = Crl.M.C.No. 3965 of 2013
= = = = = = = = = = = = = = = = = = = Dated this the 7th day of February, 2018
ORDER
The petitioner is the 2nd accused in Crime No. 345/2013 of Dharmadam Police Station, Kannur registered for the offence punishable under Section 498A read with section 34 of IPC to quash the FIR registered against her.
CRL MC 3965/2013
2
Since the petitioner/2nd accused has been acquitted as per the judgment dated 16.1.2017 in C.C.No.1608/2014 of the Court of Judicial Magistrate of the First Class, Thalassery, this petition has become infructuous. Hence the Crl.M.C.is dismissed.
Sd/-
SHIRCY V., JUDGE
ks
True copy
P.S. To Judge
STELLA JOLLY O.K. W/O. BABY CHERIAN (LATE)
STATE OF KERALA
DAMSHINA W/O. SHANI VARGHESE
SHIRCY V.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
