Vignesh Kumar Balasundar, S/O. Balasundar vs State Of Kerala

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Ker) 445

A. BADHARUDEEN
Vignesh Kumar Balasundar, S/O. Balasundar – Appellant
Versus
State Of Kerala – Respondent

Advocates:
Advocate Appeared:
For the Appellant : N.L.BITTO, MITHUL T ANTO
For the Respondent: SRI.RENJIT GEORGE

ORDER :

This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash Annexure 1 FIR in Crime No.761/2023 of Medical College Police Station, Thiruvananthapuram, alleging commission of offence punishable under Section 498A r/w Section 34 of the IPC.

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

3. According to the learned counsel for the petitioner, a private complaint filed before the Magistrate Court, was forwarded to the police, whereby, FIR in Crime No.761/2023 was registered. But the complaint and the FIR do not disclose essentials to constitute an offence punishable under Section 498A r/w Section 34 of the IPC. Therefore, the FIR is liable to be quashed.

4. It is submitted by the learned Public Prosecutor that, the contents in the complaint filed by the 2nd respondent herein, prima facie, discloses materials warranting investigation for the offence on the basis of FIR registered. Therefore, quashment of FIR cannot be considered and the same deserves dismissal.

5. Adverting to the essentials to quash FIR, the Hon’ble Apex Court in [1992 Supp (1) SCC 335 : (AIR 1992 SC 604)] (State of Haryana a