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
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CRIME NO. 1643/2016 OF MUNAMBAM POLICE STATION, ERNAKULAM
PETITIONERS/ACCUSED NO. 1 TO 3
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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:
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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 ()
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APPENDIX
PETITIONERS’ ANNEXURES
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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
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//TRUE COPY//
vgd PA TO JUDGE
SUNIL THOMAS, J.
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Crl. M. C. No. 779 of 2018
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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/
