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Judgments of Supreme Court of India and High Courts

Against The Order/Judgment In Cc … vs Lifas P.A on 15 November, 2017

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

WEDNESDAY, THE 6TH DAY OF DECEMBER 2017/15TH AGRAHAYANA, 1939

Crl.MC.No. 8134 of 2017 ()
—————————
AGAINST THE ORDER/JUDGMENT IN CC 120/2015 of JUDICIAL FIRST CLASS
MAGISTRATE COURT, MATTANCHERY
CRIME NO. 978/2014 OF FORT KOCHI POLICE STATION , ERNAKULAM

PETITIONER(S)/ACCUSED:
———————

1. LIFAS P.A
S/O.ABDUL RAHIMAN, PANAYAMPILLY HOUSE,
ANNAMANDA P.O., KALLUR VADAKKUMMURI VILLAGE,
CHALAKKUDY TALUK, THRISSUR – 680 741.

2. SUHARA
W/O.ABDUL RAHIMAN, AGED 58 YEARS,
PANAYAMPILLY HOUSE, ANNAMANDA P.O.,
KALLUR VADAKKUMMURI VILLAGE,
CHALAKKUDY TALUK, THRISSUR – 680 741.

BY ADV. SRI.P.M.ZIRAJ

RESPONDENT(S)/COMPLAINANT:
————————–

1. STATE OF KERALA
REP. BY PUBLIC PROSECUTOR,
HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM,
THROUGH SUB INSPECTOR OF POLICE,
FORT KOCHI POLICE STATION – 682 031.

2. SUMAYYA
D/O.IBRAHAM, AGED 27 YEARS,
ARACKAL HOUSE, FORT KOCHI VILLAGE,
KOCHI TALUK, ERNAKULAM DISTRICT – 682 002.

R2 BY ADV. SRI.K.S.MADHUSOODANAN
R2 BY ADV. SRI.K.S.MIZVER
R BY PUBLIC PROSECUTOR:SRI C K PRASAD

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06-12-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 8134 of 2017 ()

APPENDIX

PETITIONER(S)’ EXHIBITS

ANNEXURE 1 TRUE COPY OF THE F.I.R. IN CRIME NO.978/2014 OF
FORT KOCHI POLICE STATION.

ANNEXURE 2 TRUE COPY OF THE FINAL REPORT SUBMITTED BY THE SUB
INSPECTOR OF POLICE, IN CRIME NO.978/2014 OF FORT KOCHI POLICE
STATION.

ANNEXURE 3 ORIGINAL OF THE AFFIDAVIT DATED 15/11/2017 SWEAR
BY THE DEFACTO COMPLAINANT (CW1)

RESPONDENT(S)’ EXHIBITS:NIL

True Copy / P A to Judge

SUNIL THOMAS, J.

Crl.M.C.No.8134 of 2017

Dated this the 6th day of December, 2017

ORDER

The first petitioner is the son of the second petitioner.

Petitioners stand arrayed as accused in Crime No.978 of 2014 of

Fort Kochi Police Station for offences punishable under sections

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

2. The de facto complainant laid the above complaint

alleging matrimonial cruelty. Pursuant to the complaint laid, crime

was registered and after investigation, final report was laid. The

matter is now pending as C.C.No.120 of 2015 of Judicial First Class

Magistrate Court-V, Mattanchery.

3. Petitioners have now approached this Court contending

that the dispute with the second respondent has been mutually

settled. It was stated that the de facto complainant filed the

complaint due to sudden provocation and that, she has no surviving

grievance against the petitioners. To substantiate it, an affidavit

was affirmed by her and produced as Annexure-III. Learned counsel

for the petitioner and the learned counsel for the second respondent

submitted that the matter has been duly settled.

4. Learned Public Prosecutor on instructions submitted that

the parties have resolved their dispute and that the statement of the

Crl.M.C.8134/17
2

victim has also been recorded.

5. Having considered the nature of allegations, which is

essentially in the nature of matrimonial dispute and the settlement

arrived at between the parties, I feel that no purpose will be served

by prosecuting the petitioners any further. Hence, I am inclined to

invoke the jurisdiction under section 482 Cr.P.C, to quash the entire

criminal proceedings.

In the result, Crl.M.C is allowed. All further proceedings

arising from Crime No.978 of 2014 of Fort Kochi Police Station will

stand quashed.

Sd/-

SUNIL THOMAS
Judge
Sbna/6/12/17
True Copy / P A to Judge

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