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Crime No. 1643/2016 Of Munambam … vs By Advs.Sri.S.Rajeev on 22 January, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

FRIDAY, THE 23RD DAY OF FEBRUARY 2018 / 4TH PHALGUNA, 1939

CRL.MC.NO. 779 OF 2018
————————–

CRIME NO. 1643/2016 OF MUNAMBAM POLICE STATION, ERNAKULAM

PETITIONERS/ACCUSED NO. 1 TO 3
——————————

1 NIVED BABU K.V.
AGED YEARS, S/O K.K.VIJAYAN,
KATTUKARAN, KUZHIPPALLY, AYAMPALLY, ERNAKULAM

2 CHANDRAKALA
AGED YEARS, W/O K.K.VIJAYAN,
KATTUKARAN, KUZHIPPALLY, AYAMPALLY, ERNAKULAM

3 NISHA
AGED YEARS, W/O VINOD, UTHRADAM, PERUMBADAPPU,
ERNAKULAM

BY ADVS.SRI.S.RAJEEV
SRI.K.K.DHEERENDRA KRISHNAN
SRI.V.VINAY
SRI.D.FEROZE

RESPONDENTS/STATE/DEFACTO COMPLAINANT:
—————————————-

1. STATE OF KERALA
REP. BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM- 682 031
(CRIME NO.1643/2016 OF MUNAMBAM POLICE STATION, ERNAKULAM
DISTRICT)

2. PRASEEDHA.B.,
AGED 26 YEARS, D/O BABU,
PRASEEDHA BHAVAN, THOTTAPPALLY P.O.
ALAPPUZHA 688 504

R1 BY PUBLIC PROSECUTOR SHRI.C.K.PRASAD
R2 BY ADV. SRI.VINOD KUMAR.C

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23-02-2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
:2:

Crl.MC.No. 779 of 2018 ()
————————-

APPENDIX

PETITIONERS’ ANNEXURES
———————–

ANNEXURE 1 CERTIFIED COPY OF THE FIRST INFORMATION REPORT
IN CRIME NO.1817/2016 OF AMBALAPPUZHA POLICE
STATION

ANNEXURE II FIRST INFORMATION REPORT IN CRIME NO.1643/2016 OF
MUNAMBAM POLICE STATION

ANNEXURE III NOTARIZED AFFIDAVIT DATED 22-01-2018 SWORN BY
THE 2ND RESPONDENT

ANNEXURE IV TRUE COPY OF THE AGREEMENT DATED 06-01-2018
SIGNED BY BOTH THE PARTIES

ANNEXURE V TRUE COPY OF THE COPY APPLICATION SUBMITTED BY
THE PETITIONERS BEFORE THE JUDICIAL MAGISTRATE
OF FIRST CLASS, NJARACKAL.

RESPONDENTS’ EXHIBITS: NIL
———————

//TRUE COPY//

vgd PA TO JUDGE

SUNIL THOMAS, J.
——————————————-
Crl. M. C. No. 779 of 2018
——————————————-
Dated this the 23rd day of February, 2018

ORDER

The petitioners are the accused Nos. 1 to 3 in Crime

No.1817/2016 of Ambalapuzha Police Station which was

transferred to Munambam Polcice and re-registered as Crime

No.1643/2016 for offences punishable under Sections 498A, 406

read with Section 34 of IPC. The 1 st petitioner had married the 2nd

respondent on 27.04.2016. During their matrimonial life,

differences of opinion arose between the parties, which resulted

in lodging of the complaint alleging matrimonial offences.

Investigation was conducted.

2. The petitioners have approached this Court contending

that in the meanwhile the parties have arrived at a settlement

and they have resolved to judicially separate. It is stated that an

application for divorce on mutual consent is pending before the

concerned court. Learned counsel for the petitioners and the

learned counsel for the 2nd respondent admitted that there was a

settlement between the parties and the 2 nd respondent has no

intention to prosecute the petitioners. Accordingly, an affidavit

has been filed as Annexure III based on Annexure IV agreement.
Crl. M. C. No. 779 of 2018 2

Learned counsel for the 2nd respondent acknowledged the due

execution of it. One of the clause in the above agreement is to

give a quietus to Crime No.1643/2016 which is evident from the

5th clause of the agreement.

3. The learned Public Prosecutor on instructions

submitted that the parties have resolved their disputes and

informed to the Police. It is also reported that final report has

been laid though cognizance has not been taken and numbered.

4. Having considered the nature of allegations and the

settlement arrived at between the parties,I feel that in the

interest of justice a quietus should be given to the dispute.

Hence, I am inclined to invoke the jurisdiction under Section 482

Cr.P.C. to quash the entire proceedings.

Accordingly, Crl.M.C. is allowed. All further proceedings in

Crime No.1643/2016 of Munambam Police Station stand quashed.

Sd/-

SUNIL THOMAS, JUDGE.

Pn 23/02/

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