IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
FRIDAY, THE 19TH DAY OF JANUARY 2018 / 29TH POUSHA, 1939
Crl.MC.No. 8914 of 2017
AGAINST THE ORDER/JUDGMENT IN CC 1391/2016 of J.M.F.C.,VADAKARA
CRIME NO. 983/2015 OF VATAGARA POLICE STATION, KOZHIKODE
S/O. ABDULLA, KILLIYATH HOUSE, PURAMERI P.O.,
VATAKARA, KOZHIKODE DISTRICT.
KILLIYATH HOUSE, PURAMERI P.O.,
VATAKARA, KOZHIKODE DISTRICT.
BY ADV.SRI.P.VENUGOPAL (1086/92)
RESPONDENT(S)/STATE DEFACTO-C0MPLAINANT :
1. STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN – 682 031.
AGED 24 YEARS, D/O. ABDUL AZEEZ, KUTTIKATTIL HOUSE,
VALLIAD P.O., VILLYAPPALLI VIA, VATAKARA, KOZHIKODE DISTRICT,
PIN – 673 542.
R2 BY ADV. SMT.T.J.MARIA GORETTI
R1 BY SR. PUBLIC PROSECUTOR SRI.C.N.PRABHAKARAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19-01-2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 8914 of 2017 ()
ANNEXURE A TRUE COPY OF THE FIR REGISTERED BY THE FIRST
RESPONDENT IN CRIME NO.983/2015 OF VATAKARA
POLICE STATION TOGETHER WITH THE COMPLAINT
PREFERRED BY THE SECOND RESPONDENT BEFORE THE
JFCM COURT, VATAKARA.
ANNEXURE B TRUE COPY OF THE FINAL REPORT SUBMITTED BY THE
FIRST RESPONDENT IN CRIME NO.983/2015 OF
VATAKARA POLICE STATION.
ANNEXURE C AFFIDAVIT EXECUTED BY THE SECOND RESPONDENT
RESPONDENTS’ EXHIBITS : NIL
P. A. TO JUDGE
SUNIL THOMAS, J.
Crl. M. C. No. 8914 of 2017
Dated this the 19th day of January, 2018
O R D E R
The petitioners are the accused in Crime No.983/2015 of
Vatakara Police Station, Kozhikode now pending as C.C.
No.1391/2016 of Judicial First Class Magistrate Court, Vatakara for
offences punishable under Sections 323, 406 498A read with 34
IPC. According to the prosecution, on 21.01.2011, the accused
married the de facto complainant, who is the 2nd respondent
herein. While they were living together, she is stated to have
been subjected to matrimonial cruelty by the husband and the in-
laws, who are arrayed as the 1st and 2nd accused. 2nd accused is
the mother of the 1st accused.
2. Learned counsel for the petitioners and the learned
counsel for the 2nd respondent submitted that pending the
proceedings, the parties have resolved their disputes and
acknowledging the settlement, an affidavit has been affirmed by
the 2nd respondent. The above affidavit is produced as Annexure
C. It was stated that with the intervention of the mediators, they
have agreed to accept an ex-parte decree of divorce granted in
Crl. M. C. No. 8914 of 2017 2
favour of the wife by the Family Court. It was stated that all the
claims between the parties have been completely settled.
3. The learned Public Prosecutor on instructions
submitted that the parties have resolved their disputes.
4. Having considered the entire facts and that the dispute
essentially arose from a matrimonial discord, I feel that a quietus
is liable to be given by quashing the entire proceedings.
Accordingly, Crl.M.C. is allowed. All further proceedings in
C.C. No.1391/2016 of Judicial First Class Magistrate Court,
Vatakara stand quashed.
SUNIL THOMAS, JUDGE.