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Against The Order/Judgment In Cc … vs By Adv.Sri.R.Ranjith (Manjeri) on 16 December, 2017

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

FRIDAY, THE 16TH DAY OF FEBRUARY 2018 / 27TH MAGHA, 1939

Crl.MC.No. 586 of 2018

AGAINST THE ORDER/JUDGMENT IN CC 227/2017 of C.J.M.,MANJERI
CRIME NO. 285/2015 OF MANJERI POLICE STATION , MALAPPURAM

PETITIONER(S)/ACCUSED:

1 SAJEESH
S/O. RAJAN,
AGED 31 YEARS,
POOLAKUNNATHU HOUSE,
PARAKKULAM ROAD,
NARUKARA
MANJERI, MALAPPURAM DISTRICT.

2 SOUDAMINI
W/O. RAJAN
AGED 50 YEARS,
POOLAKUNNATHU HOUSE,
PARAKKULAM ROAD,
NARUKARA
MANJERI, MALAPPURAM DISTRICT.

BY ADV.SRI.R.RANJITH (MANJERI)

RESPONDENT(S)/STATE, DEFACTO COMPLAINANT:

1. THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, KOCHI- 682 031
FOR THE SUB INSPECTOR OF POLICE,
MANJERI POLICE STATION, MALAPPURAM DISTRICT- 676 121

2. ATHIRA
D/O. BALAKRISHNAN,
AGED 24 YEARS
PALLIKKATHODI HOUSE
KARUVAMBRAM WEST.P.O.
MANJERI, MALAPPURAM DISTRICT- 676 121.

R2 BY ADV. SRI.A.P.NIDHIN KUMAR
R BY PUBLIC PROSECUTOR:SRI C N PRABHAKARAN

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16-02-2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 586 of 2018 ()

APPENDIX

PETITIONER(S)’ EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF THE FIR IN CRIME NO 285/2015 OF THE MANJERI
POLICE STATION.

ANNEXURE A2 CERTIFIED COPY OF THE CHARGE ALONG WITH THE MEMORANDUM
OF EVIDENCE IN CRIME NO 285/2015 OF THE MANJERI POLICE STATION

ANNEXURE A3 TRUE COPY OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT
DATED 16.12.2017

RESPONDENTS EXHIBITS:NIL

True Copy / P A to Judge

SUNIL THOMAS, J.

Crl.M.C.No.586 of 2018

Dated this the 16th day of February, 2018

ORDER

Petitioners are accused in C.C.No.227 of 2017 of Chief

Judicial Magistrate Court, Manjeri arising from Crime No.285 of

2015 of the Manjeri Police Station for offences punishable under

sections 498A, 406 r/w 34 of the Indian Penal Code.

2. The defacto complainant was married by the first

petitioner herein on 31.08.2014. Thereafter, demanding more

ornaments, the husband and his mother harassed her mentally and

physically. Arraying them as accused, complaint was laid and

investigation was conducted. Final report was laid against them

and cognizance was taken by the court below.

3. Petitioners have approached this Court stating that, they

have settled the dispute with the defacto complainant out of Court

and the defacto complainant has no grievance surviving against

them. It was contended that, hence, prosecution, if continued, will

only be a sheer waste of time. Learned counsel for the petitioners

and the learned counsel for the second respondent/defacto

complainant relied on Annexure-C affidavit affirmed by the defacto

complainant. She has expressed that, she does not intend to

prosecute the matter any further and that, she has no objection in
Crl.M.C.586/18
2

quashing the proceedings.

4. Having considered the submission made by the learned

counsel for the petitioners and the learned counsel for the second

respondent that, they have no objection in quashing the proceedings

and the submission of the learned Public Prosecutor that the matter

has been settled and reported to the investigating agency, I am

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

the criminal proceedings.

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

in C.C.No.227 of 2017 of Chief Judicial Magistrate Court, Manjeri

arising from Crime No.285 of 2015 of the Manjeri Police Station will

stand quashed.

Sd/-

SUNIL THOMAS
Judge

Sbna/16/2/18
True Copy / P A to Judge

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