Jose Varghese vs State Of Kerala on 14 August, 2017

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

FRIDAY, THE 15TH DAY OF SEPTEMBER 2017/24TH BHADRA, 1939

Crl.MC.No. 6066 of 2017 ()
—————————
AGAINST THE ORDER/JUDGMENT IN CP 17/2017 of J.M.F.C.-I,
PATHANAMTHITTA
CRIME NO. 1085/2016 OF KOODAL POLICE STATION , PATHANAMTITTA

PETITIONER(S):
————-

JOSE VARGHESE,
AGED 42 YEARS, S/O.GEEVARGHESE PAPPAN,
ARIVANNOOR VEEDU, NEDUMANKAVU P.O., KOODAL VILLAGE,
ADOOR, PATHANAMTHITTA DISTRICT.

BY ADVS.SRI.S.RAJEEV
SRI.K.K.DHEERENDRAKRISHNAN
SRI.V.VINAY
SRI.D.FEROZE

RESPONDENT(S):
————–

1. STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031
(CRIME NO.1085/2016N OF KOODAL POLICE STATION,
PATHANAMTHITTA DISTRICT)

2. MAYA K.BABY,
AGED 39 YEARS, W/O.JOSE VARGHESE, ARIVANNOOR HOUSE,
NEDUMANCAVU P.O., KOODAL VILLAGE, KONNI TALUK,
PATHANAMTHITTA DISTRICT-689693.

R2 BY ADV. SRI.VINOD KUMAR.C
R BY PUBLIC PROSECUTOR:SMT M K PUSHPALATHA

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
15-09-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 6066 of 2017 ()

APPENDIX

PETITIONER(S)’ EXHIBITS

ANNEXURE I- CERTIFIED COPY OF THE FINAL REPORT WHICH IS NOW
PENDING AS CP. NO.17/2017 ON THE FILE OF THE JFCM-I,
PATHANAMTHITTA.

ANNEXURE II- NOTARIZED AFFIDAVIT SW0RN BY THE SECOND RESPONDENT
DATED 14/08/2017.

RESPONDENT(S)’ EXHIBITS:NIL

True Copy / P A to Judge

SUNIL THOMAS, J.

Crl.M.C.Nos.6066 and 6083 of 2017

Dated this the 15th day of September, 2017

COMMON ORDER

These Crl.M.Cs arise from Crime No.1085 of 2016 of

Koodal Police Station for offences punishable under sections 294,

324, 498A, 308 and 323 of the Indian Penal Code and Crime

No.1055 of 2015 of Koodal Police Station for offences punishable

under sections 498A r/w 34 of the Indian Penal Code.

2. In Crime No.1085 of 2016, the allegation of the second

respondent herein is that, after her marriage with the petitioner,

she was subjected to matrimonial cruelty. Complaint was laid and

crime was registered. After investigation, final report was laid. The

matter is now pending as C.P.No.17 of 2017 of Judicial First Class

Magistrate Court-I, Pathanamthitta. In Crime No.1055 of 2015,

the allegation of the second respondent, who is the de facto

complainant is that the first petitioner, who is her husband, along

with the second and third petitioners, who are the father and sister

of the petitioner therein had subjected her to matrimonial cruelty.

After investigation, final report was laid and the matter is now

pending as C.P.No.438 of 2016 before the Judicial First Class

Magistrate Court-I, Pathanamthitta.

3. Accused have preferred these Crl.M.Cs on a premise

that the dispute with the de facto complainant have been resolved

Crl.M.C.6066 and 6083/17 2

to the satisfaction of the de facto complainant and both parties are

now living together as husband and wife. It was stated that, in the

light of the above settlement, further proceedings may be quashed.

4. Learned counsel for the petitioners relied on Annexure-

A2 affidavit filed separately in both cases reiterating the settlement.

Learned counsel for the de facto complainant referred to the above

affidavits and asserted that the matters have been settled to the

satisfaction of the de facto complainant. It was also asserted that

they are now living together. Learned Public Prosecutor on

instructions submitted that the parties have resolved their dispute.

5. Essentially, this dispute arises from a matrimonial

disharmony. The parties have resolved the dispute to their

satisfaction. Hence, I feel that it is just and proper to invoke the

jurisdiction under section 482 Cr.P.C. Accordingly, Crl.M.C is

allowed.

In the result, Crl.M.Cs are allowed. All further

proceedings in C.P.No.17 of 2017 of Judicial First Class Magistrate

Court, Pathanamthitta arising from Crime No.1085 of 2016 of

Koodal Police Station and C.P.No.438 of 2016 before the Judicial

First Class Magistrate Court-I, Pathanamthitta arising from Crime

No.1055 of 2015 of Koodal Police Station stand quashed.

Sd/-

SUNIL THOMAS
Judge
Sbna/14/9/17
True Copy / P A to Judge

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