Allowed

Sujith Sasidharan v. State of Kerala

Kerala HC27 May 2024Crl.MC/3759/2020

Case brief

AI extract

What is this about?

Petitioner accused filed a quashing petition under Section 482 Cr.P.C. regarding matrimonial offences. Court allowed petition quashing criminal proceedings as the matter was settled between parties, deeming it in interest of justice for peaceful living.

What did the court decide?

Petition allowed; Criminal Proceedings (Crime No.706/2020 Binanipuram PS, pending as C.C. No.462/2020) quashed.

Sujith Sasidharan Vs State of Kerala — Domestic Violence | Kerala HC (2024)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE A. BADHARUDEEN

¶4

MONDAY, THE 27TH DAY OF MAY 2024 / 6TH JYAISHTA, 1946

¶5

CRL.MC NO. 3759 OF 2020

¶6

CRIME NO.706/2020 OF BINANIPURAM POLICE STATION, ERNAKULAM

¶7

ACCUSED/PETITIONER:

¶8

SUJITH SASIDHARAN
AGED 41 YEARS
S/O. SASIDHARAN, SIVAKRIPA HOUSE, KUNNILAMBALAM,
WEST KODUNGALLUR P.O., BINANIPURAM DISTRICT-683110.
BY ADVS.
PRASUN.S
SRI.N.A.RETHEESH

¶9

RESPONDENTS/RESPONDENTS:

¶10

1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

¶11

2 JAYASHREE, AGED 36 YEARS, W/O. SUJITH SASIDHARAN, SIVAKRIPA HOUSE, KUNNLAMBALAM, KADUNGALLOOR, WEST KADUNGALLOOR P.O., BINANIPURAM, ERNAKULAM-683110.

¶12

PP - M P PRASANTH

¶13

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
27.05.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶14

Crl.M.C. No. 3759 of 2020

¶15

¶16

ORDER

¶17

Dated this the 27 th day of May, 2024

¶18

This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash all further proceedings pursuant to Annexure A3 Final Report in Crime No.706/2020 of Binanipuram Police Station, now pending as C.C. No.462/2020 on the files of the Judicial First Class Magistrate Court-II, Aluva.

¶19

Heard the learned counsel for th e petitioner, the learned counsel appearing for the defacto complainant and the learned Public Prosecutor.

¶20

In this matter, offences punishable under Sections 294(b), 324, 506(i) and 498(A) of IPC are alleged to have been committed by the accused and the de facto complainant is none other than the wife of the accused.

¶21

An affidavit sworn by the defacto complainant has been placed stating that the matter has been settled in between them and she has no grievance in the matter of quashing the proceedings.

¶22

¶23

Crl.M.C. No. 3759 of 2020

¶24

The learned Public Prosecutor also submitted that

¶25

the matter has been settled between the parties and statement of the defacto complainant to that effect has been recorded.

¶26

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.

¶27

In the result, this petition stands allowed. Annexure A3 Final Report in Crime No.706/2020 of Binanipuram Police Station, now pending as C.C. No.462/2020 on the files of the Judicial First Class Magistrate Court-II, Aluva and the proceedings thereof stand quashed.

¶28

Sd/-

¶29

A. BADHARUDEEN JUDGE

¶30

¶31

Crl.M.C. No. 3759 of 2020

¶32

¶33

APPENDIX OF CRL.MC 3759/2020

¶34

PETITIONER ANNEXURES :

¶35

`ANNEXURE A1`	`THE TRUE PHOTOC` `INFORMATION STATE` `NO.0706/2020 OF` `STATION.`	`OPY OF THE FIRST` `MENT IN THE CRIME` `BINANIPURAM POLICE`
`ANNEXURE A2`	`THE AFORESAID AFFID` `SWORN BY THE 2ND RE`	`AVIT DATED 14/08/2020` `SPONDENT.`
`Annexure A3`	`THE TRUE COPY OF` `CRIME NO.0706 OF` `POLICE STATION`	`THE FINAL REPORT IN` `2020 OF BINANIPURAM`

¶36

RESPONDENTS’ ANNEXURES : NIL

Sujith Sasidharan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sujith Sasidharan v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sreejith S., Vs State of Kerala

Joseph K.A. Vs State of Kerala

Fathima Shakeera Vs Union Territory of Lakshadweep

T.P.Sadikh Vs Hasna

Meghana Vs State of Kerala

Mahin Aboobacker Vs State of Kerala