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ANITHA PULLAYIL v. STATE OF KERALA

Kerala High Court
May 29, 2024

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE A. BADHARUDEEN

WEDNESDAY, THE 29TH DAY OF MAY 2024 / 8TH JYAISHTA, 1946

CRL.MC NO. 2362 OF 2024

CRIME NO.314/2021 OF CBCID, ERNAKULAM, Ernakulam

CC NO.637 OF 2023 OF JUDICIAL FIRST CLASS MAGISTRATE COURT,

KALAMASSERY

PETITIONER/ACCUSED:

ANITHA PULLAYIL

AGED 47 YEARS

W/O. FABRIZIO LORENZINI,

KURUVALASSERY P.O, MALA,

THRISSUR, PIN - 680735

BY ADV R.HARIKRISHNAN (KAMBISSERIL)

RESPONDENTS:

1 STATE OF KERALA

REPRESENTED BY PUBLIC PROSECUTOR,

HIGH COURT OF KERALA,

ERNAKULAM, PIN - 682031

2 NIDHI SOSA KURIAN

AGED 36 YEARS

D/O. JESSY ABRAHAM, FLAT NO. 10,

CHELOOR, ELDORADO, KUZHINATTUMOOLA,

KAKKANAD, ERNAKULAM, PIN - 682030

SRI.RENJIT GEORGE, SENIOR PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

29.05.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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O R D E R

Dated this the 29thday of May, 2024 This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash final report and all further proceedings in crime No.314/CB/EKM/D/2021 of Crime Branch, Ernakulam, now pending as C.C.No.637/2023 on the files of the Judicial First Class Magistrate Court, Kalamassery. Petitioners herein is the sole accused in the above case.

2. Heard the learned counsel for the petitioner, the learned counsel appearing for the 2ndrespondent/de facto complainant and the learned Public Prosecutor.

3. The prosecution case is that the accused herein revealed the identity of the victim in Crime No.296/CB/EKM/2021 in a TV show and the accused shown the blurred picture of the victim. Thus, offence punishable under Section 228A of IPC is alleged to have been

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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.

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. Since the dispute has been amicably settled in between the parties, there is no reason to disallow the prayer for quashment, so as to facilitate peaceful living of the parties hereinafter. Therefore, in the interest of justice, I am inclined to allow this petition.

In the result, this petition stands allowed and final report and all further proceedings in crime

No.314/CB/EKM/D/2021 of Crime Branch, Ernakulam, now pending as C.C.No.637/2023 on the files of the Judicial First

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Class Magistrate Court, Kalamassery, against the petitioner stand quashed.

Sd/-

A. BADHARUDEEN

JUDGE

nkr

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APPENDIX OF CRL.MC 2362/2024

PETITIONER ANNEXURES

ANNEXURE A1 A CERTIFIED COPY OF THE FIR IN CRIME

NO. 314 OF 2021 DATED 26.11.2021 OF

CRIME BRANCH ERNAKULAM

ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN

CRIME NO. 314/CB/EKM/D/2021 OF CRIME

BRANCH ERNAKULAM NUMBERED AS CC

NO.637/ OF 2023 ON THE FILES OF

JUDICIAL FIRST CLASS MAGISTRATE

COURT, KALAMASSERY

ANNEXURE A3 THE ORIGINAL AFFIDAVIT DATED

01.03.2024 OF THE 2ND RESPONDENT

RESPONDENT ANNEXURES : NIL