(C.C.No.35/2012 On The File Of The … vs K.I. Joseph on 11 October, 2017

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

WEDNESDAY, THE 13TH DAY OF DECEMBER 2017/22ND AGRAHAYANA, 1939

Crl.MC.No. 3397 of 2013 ()
—————————
(C.C.NO.35/2012 ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE
COURT, KOTTAYAM.)
…………………………
PETITIONER(S)/ACCUSED :-:
————————————

1. K.I. JOSEPH, AGED 62 YEARS,
S/O.ISSAC, KALLAPPARA VEEDU, KARIYAMBADI P.O.,
MEENANGADI, WAYANAD DISTRICT.

2. SANTHA JOSE, AGED 57 YEARS,
W/O.K.I.JOSEPH, KALLAPPARA VEEDU,
KARIYAMBADI P.O., MEENANGADI, WAYANAD DISTRICT.

* ADDL. PETITIONER NO.3 IMPLEADED
3. MANNU JOSE, S/O K I JOSEPH, KALLAPPARA VEEDU,
KARIYAMBADI P.O., MEENANGADI,WAYANAD DISTRICT.

* IS IMPLEADED AS ADDL.P3 AS PER ORDER DATED 11.10.2017 IN
CRL.MA.NO.11026/2017.

BY ADVS.SRI.S.RAJEEV
SRI.K.K.DHEERENDRAKRISHNAN

RESPONDENT(S)/RESPONDENTS/COMPLAINANT/STATE:-:
———————————————-

1. STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM – 682 031.

2. KARINA @ KARINA MARY ABRAHAM,
D/O.ABRAHAM KORAH, KAITHAYIL VEEDU,
VADAVATHOOR KARA, VIJAYAPURAM VILLAGE,
KOTTAYAM TALUK, KOTTAYAM DISTRICT – 686 010.

R2 BY ADV. SRI.K.K.JOHN
R2 BY ADV. SRI.BENNY CHERIAN
R2 BY ADV. SRI.ASISH K.JOHN
R1 BY SRI.C.K.PRASAD, PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
13-12-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

AMV

: 2 :

Crl.MC.No. 3397 of 2013 ()
————————————

APPENDIX

PETITIONER(S)’ EXHIBITS :
————————————-

ANNEXURE-I. COPY OF THE COMPLAINT FILED BY THE SECOND
RESPONDENT BEFORE THE CJM, KOTTAYAM, ON 19.07.2012.

ANNEXURE II. COPY OF PETITION FILED BY THE FIRST ACCUSED FOR
DECLARING THE MARRIAGE NULL AND VOID, NOW PENDING
CONSIDERATION BEFORE THE FAMILY COURT, KOTTAYAM.

ANNEXURE III. COPY OF THE PETITION SUBMITTED BY THE FIRST ACCUSED
BEFORE THE FAMILY COURT AGAINST THE 2ND RESPONDENT,
ORIGINALLY FILED BEFORE THE FAMILY COURT, WAYANAD,
AND NOW PENDING AS OP NO.81/2012 ON THE FILE OF THE
FAMILY COURT, KOTTAYAM.

RESPONDENT(S)’ EXHIBITS : NIL
—————————————-

/TRUE COPY/ P.A.TO JUDGE

AMV

SUNIL THOMAS, J.

………………………………

Crl.M.C.No. 3397 of 2013

………………………………………..

Dated this the 13th day of December, 2017

ORDER

The petitioners are the accused in C.C.No.35/2012 on the

file of the Chief Judicial Magistrate Court, Kottayam alleging

offence punishable under Sections 498A, 406, 420, 323, 506(i)

r/w Section 34 of the Indian Penal Code.

2. The 3rd petitioner had married the 2nd respondent de

facto complainant. Thereafter the matrimonial relationship got

strained leading to various matrimonial litigations including a

private complaint moved by the 2nd respondent alleging

matrimonial cruelty. The matter is now pending as

C.C.No.35/2017. Pending the proceedings against the order in

O.P.No.1364/2010, MAT appeal No.379/2015 was filed by two

of the petitioners herein. In the Matrimonial appeal, the parties

were relegated to the mediation centre and they entered into a

settlement dated 20.09.2017. It is stated that, pursuant to the

settlement, the matrimonial appeal was closed recording a

compromise filed by the parties in terms of the settlement.

The copy of the above settlement and the compromise filed by

the parties in the MAT appeal No.379/2015 were placed before

me at the time of hearing by both sides along with the order in

Crl.M.C.No. 3397 of 2013

2

MAT appeal No.379/2015. The judgment shows that settlement

was accepted and it was directed that the compromise will

form part of the judgment of this Court.

3. The learned counsel for the petitioners and the

learned counsel for the contesting respondents submitted that

the matter has been completely resolved and, accordingly,

divorce was granted by the Family Court, Kottayam.

4. In the light of the settlement reported by both sides

and the submission of the learned Public Prosecutor that the

settlement has been reported to the 1st respondent, I am

inclined to invoke the jurisdiction under Section 482 Cr.P.C. to

meet the ends of justice. Accordingly, Crl.M.C.is allowed and all

further proceedings in C.C.No.35/2012 of Chief Judicial

Magistrate Court, Kottayam shall stand quashed.

Sd/-

SUNIL THOMAS, JUDGE
AMV/13/12/2017

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