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Kollam vs By Adv.Smt.V.Beena on 19 January, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

FRIDAY, THE 9TH DAY OF FEBRUARY 2018 / 20TH MAGHA, 1939

Crl.MC.No. 503 of 2018

PENDING AS LP 169/2009 of JUDICIAL FIRST CLASS MAGISTRATE COURT-II,
KOLLAM

CRIME NO. 163/2004 OF KOLLAM EAST POLICE STATION , KOLLAM

PETITIONER(S)/SOLE ACCUSED.

MR. BAIJU
AGED 39 YEARS, S/O CHACKO, RESIDING AT VADAKKEVILA HOUSE,
PULLICHIRA PO, MAYYANAD VILLAGE, KOLLAM DISTRICT.

BY ADV.SMT.V.BEENA

RESPONDENT(S)/STATE AND DEFACTO COMPLAINANT.:

1. THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA AT ERNAKULAM THROUGH THE
SUB INSPECTOR OF POLICE, KOLLAM EAST POLICE STATION,
KOLLAM DISTRICT.

2. SMT. VIDHYA PUSHPAN@VIDHYA
AGED 38 YEARS, D/O P.K PUSHPANGATHAN,
RESIDING AT HILL PALACE, KAITHAMUKKU, EANATHU VILLAGE,
VAYALA PO, KOLLAM DISTRICT.691306.

R2 BY ADV. SRI.S.SREEKUMAR (KOLLAM)
R1 BY SRI.C.N.PRABHAKARAN, SENIOR PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
09-02-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 503 of 2018 ()

APPENDIX

PETITIONER(S)’ EXHIBITS

ANNEXURE A1 CERTIFIED COPY OF THE FIR IN CRIME NO.163 OF 2004
OF KOLLAM EAST POLICE STATION.

ANNEXURE A2 CERTIFIED COPY OF THE CHARGE IN C.C NO.166 OF
2004 AND IN L.P 169/2009 ON THE FILE OF THE FIRST
CLASS MAGISTRATE COURT-II, KOLLAM.

ANNEXURE A3 A AFFIDAVIT DATED 19TH JANUARY 2018 HAS BEEN
SWORN BY THE SECOND RESPONDENT BEFORE THIS
HON’BLE COURT.

RESPONDENT(S) EXHIBITS NIL

R.AV //TRUE COPY//

PA TO JUDGE

SUNIL THOMAS, J.
————————–
Crl.M.C.No.503 of 2018
—————————
Dated this the 9th day of February, 2018

ORDER

The petitioner herein is the sole accused in Crime

No.163 of 2004 of Kollam East Police Station for

offences punishable under sections 498A, 324, 447 and

34 of the Indian Penal Code, now pending as

CC.No.166 of 2004 on the files of the Judicial First

Class Magistrate Court-II, Kollam. He had married the

second respondent. Thereafter, she alleged that she

was subjected to mental and physical cruelty by the

petitioner herein demanding more dowry. She laid

FIS, pursuant to which crime was registered as

Annexure-A1. After investigation, final report was filed

as Annexure-A2. It is submitted that the matrimonial

disputes between the parties were settled with the

intervention of the mediators and they have filed joint

application for divorce before the Family Court, Kollam

and divorce was granted after settling all financial
Crl.M.C.No.503 of 2018 2

disputes. The petitioner contends that in the light of

the settlement, no further prosecution is sustainable

and to maintain peace and harmony between the

parties, it is essential that the criminal case is brought

to an end. The learned counsel for the second

respondent acknowledged the settlement and referred

to Annexure-A3 affidavit affirmed by her. The learned

Public Prosecutor on instructions submitted that the

petitioner is not involved in any other crime and that

the matter has been settled between the parties.

Having considered these facts, I am inclined to invoke

the jurisdiction under section 482 Cr.P.C to quash the

criminal proceedings.

Accordingly, Crl.M.C is allowed and all further

proceedings in CC.No.164/2004 of Judicial First Class

Magistrate Court-II, Kollam arising from Crime No.163

of 2004 of Kollam East Police Station will stand

quashed.

Sd/-

SUNIL THOMAS, JUDGE

R.AV

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