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Judgments of Supreme Court of India and High Courts

Against The Order/Judgment In Cc … vs By Advs.Sri.K.Siju on 6 March, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

TUESDAY, THE 10TH DAY OF APRIL 2018 / 20TH CHAITHRA, 1940

Crl.MC.No. 1979 of 2018

AGAINST THE ORDER/JUDGMENT IN CC 306/2011 of J.M.F.C.-II, KOLLAM
CRIME NO. 141/2011 OF ERAVIPURAM POLICE STATION , KOLLAM

PETITIONER(S)/ACCUSED NOS. 1 TO 5:

1 NELSON.J.,
S/O. JOHN JACOB, AGED 44 YEARS, ANCHITHA HOUSE,
LAKSHMIPURAM THOPPE, MAYYANADU CHERRY, MAYYANADU
VILLAGE, KOLLAM DISTRICT.

2 REENA,
D/O. FRANCEENA, AGED 48 YEARS, ANCHITHA HOUSE,
LAKSHMIPURAM THOPPE, MAYYANADU CHERRY, MAYYANADU
VILLAGE, KOLLAM DISTRICT.

3 SINDHU,
D/O. JOHN JACOB, AGED 40 YEARS, ADARSH BHAVAN, VARINJAM
CHERRY, MEENADU VILLAGE, KOLLAM DISTRICT.

4 BINDU,
D/O. JOHN JACOB, AGED 39 YEARS, ANUJA BHAVANAM, (VAYALIL
VEEDU), PAVITHRAM NAGAR, THEKKUMBHAGAM CHERRY,
ERAVIPURAM VILLAGE, KOLLAM DISTRICT.

5 MANJU,
D/O. JOHN JACOB, AGED 36 YEARS, ANCHITHA HOUSE,
LAKSHMIPURAM THOPPE, MAYYANADU VILLAGE, KOLLAM
DISTRICT.

BY ADVS.SRI.K.SIJU
SMT.S.SEETHA

RESPONDENT(S)/STATE DE FACTO COMPLAINANT :

1. STATE OF KERALA,
THROUGH THE SUB INSPECTOR OF POLICE, ERAVIPURAM POLICE
STATION REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682031.

2. JAYA JOSEPH,
D/O. MAGGI JOSEPH, AGED 39 YEARS, RESIDING AT JAYA COTTAGE,
KAKKAKADAVU, AKKOLILCHERRY, MAYYANADU VILLAGE,
KOLLAM DISTRICT-691303.

R2 BY ADV. SRI.A.MUHAMMED RAFFI
R BY PUBLIC PROSECUTOR:SRI AMJAD ALI

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10-04-2018, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 1979 of 2018 ()

APPENDIX

PETITIONER(S)’ EXHIBITS

ANNEXURE 1 THE COPY OF FIR WITH PRIVATE COMPLAINT IN CRIME NO. 141/2011 OF
ERAVIPURAM POLICE STATION.

ANNEXURE 2 THE COPY OF FINAL REPORT IN CRIME 141/2011 OF ERAVIPURAM
POLICE STATION.

ANNEXURE 3 THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT REGARDING THE
COMPROMISE DATED 6.03.2018.

RESPONDENTS EXHIBITS:NIL

True Copy / P A to Judge

SUNIL THOMAS, J.

Crl.M.C.No.1979 of 2018

Dated this the 10th day of April, 2018

ORDER

Petitioners herein are arrayed as accused in Crime

No.141 of 2011 of Eravipuram Police Station, now pending as

C.C.No.306 of 2011 of Judicial First Class Magistrate Court-II

Kollam, for offences punishable under sections 498A, 323 r/w 34 of

the Indian Penal Code.

2. The allegation of the second respondent herein, who is

the defacto complainant is that, the first petitioner had married her

on 15.05.2005 and thereafter, misappropriated her gold ornaments

and money. It is also stated that the husband along with the in-laws

who are the petitioner Nos.2 to 5 subjected her to extreme

matrimonial cruelty. Ultimately, she laid the complaint and crime

was registered. It was further contended that, matrimonial disputes

were also pending in other courts. Crl.M.C is filed on a premise

that pending the proceedings, the couple got divorced and now they

are living separately. Since there is no existing matrimonial

disputes between the parties, both parties have resolved to give

quietus to the criminal proceeding. Accordingly, they have

preferred this Crl.M.C.

C rl.M.C.1979/18
2

3. Learned Public Prosecutor on instructions, submitted

that the parties have resolved their dispute and statement of the

defacto complainant has been recorded. Learned counsel for the

petitioners and learned counsel for the second respondent relied on

Annexure-3 affidavit affirmed by the second respondent. It was

submitted by the learned counsel that, she has no objection in

quashing the proceedings. Evidently, dispute is one arising from a

matrimonial dispute. Parties have resolved their dispute. Hence, no

purpose will be served by prosecuting the petitioners herein. It is

also to be considered that, such matters are liable to the quashed

and legal proceedings brought to an end in the interest of justice.

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

arising from Crime No.141 of 2011 of Eravipuram Police Station

now pending as C.C.No.306 of 2011 of Judicial First Class

Magistrate Court-II Kollam will stand quashed.

Sd/-

SUNIL THOMAS
Judge

Sbna/10/4/18
True Copy / P A to Judge

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