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Against The Order/Judgment In Cc … vs By Advs.Sri.Raajesh … on 14 February, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

MONDAY, THE 9TH DAY OF APRIL 2018 / 19TH CHAITHRA, 1940

Crl.MC.No. 1118 of 2018

AGAINST THE ORDER/JUDGMENT IN CC 2302/2015 of J.M.F.C.-II, KOCHI
CRIME NO. 1533/2015 OF PALLURUTHY POLICE STATION , ERNAKULAM

PETITIONER(S)/ACCUSED NOS 1-4:

1 MAFJIN K.M.
AGED 32 YEARS
S/O. MANI
KALATHIPARAMBIL HOUSE
H.NO 19/1137A,
SDPY ROAD, PALLURUTHY, KOCHI- 682 006

2 MEENA MANI
AGED 55 YEARS
W/O. MANI
KALATHIPARAMBIL HOUSE
H.NO 19/1137A,
SDPY ROAD, PALLURUTHY, KOCHI- 682 006

3 MANI
AGED 60 YEARS
KALATHIPARAMBIL HOUSE
H.NO 19/1137A,
SDPY ROAD, PALLURUTHY, KOCHI- 682 006

4 MAFRIN.K.M
AGED 28 YEARS
S/O. MANI
KALATHIPARAMBIL HOUSE
H.NO 19/1137A,
SDPY ROAD, PALLURUTHY, KOCHI- 682 006

BY ADVS.SRI.RAAJESH S.SUBRAHMANIAN
SRI.V.R.RAJESH
SMT.BENEDICTA VEMBLY

RESPONDENT(S)/STATE/ DEFACTO COMPLAINANT/ RESPONDENT:

1. THE STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT OF KERALA,
KOCHI, ERNAKULAM- 682 031

2. MARY JASMIN
AGED 30 YEARS
D/O. FRANCIS, KOLLAPARAMBIL
PUNNAPARA.P.O.
PAROOR, ALAPPUZHA DISTRICT-688004

R2 BY ADV. SRI.C.S.SUMESH
R BY PUBLIC PROSECUTOR:SRI C K PRASAD

THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 09-04-2018, THE COURT
ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 1118 of 2018 ()

APPENDIX

PETITIONER(S)’ EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF FINAL REPORT IN CRIME NO. 1533/2015 DATED:
5.10.2015 PENDING AS CC NO 2302/2015 OF JFCM-II, KOCHI

ANNEXURE A2 NOTARIZED COPY OF AGREEMENT ENTERED BETWEEN THE PARTIES
DATED 14.2.2018

RESPONDENTS EXHIBITS:NIL

True Copy / P A to Judge

SUNIL THOMAS, J.

Crl.M.C.No.1118 of 2018

Dated this the 9th day of April, 2018

ORDER

Petitioners are arrayed as accused Nos.1 to 4 in Crime

No.1533 of 2015 of Palluruthy Police Station for offences

punishable under sections 498A of the Indian Penal Code.

2. The first petitioner and the second respondent got

married on 27.11.2014. Second and third petitioners are the

parents of the first petitioner and the fourth petitioner is the brother

of the first petitioner. Second respondent filed a complaint alleging

that, she was subjected to matrimonial cruelty by the husband and

the in-laws. Crime was registered and after investigation, final

report was laid. The matter is pending as C.C.No.2302 of 2015 of

Judicial First Class Magistrate Court-II, Kochi.

3. According to the petitioners herein, the matter is now

amicably settled between the parties after taking into consideration

the future of the first petitioner as well as that of the second

respondent. Petitioners relied on the affidavit affirmed by the

second respondent produced as Annexure-A2. Learned Public

Prosecutor submitted that the settlement has been taken note of by

the police and statement recorded.

Crl.M.C.1118/18
2

4. Having considered these facts and the fact that the

matter has been settled, 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

arising from Crime No.1533 of 2015 of Palluruthy Police Station in

C.C.No.2302 of 2015 of Judicial First Class Magistrate Court-II,

Kochi will stand quashed.

Sd/-

SUNIL THOMAS
Judge

Sbna/9/4/18
True Copy / P A to Judge

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