IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
FRIDAY, THE 6TH DAY OF OCTOBER 2017/14TH ASWINA, 1939
Crl.MC.No. 6397 of 2017 ()
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AGAINST THE ORDER/JUDGMENT IN SC 62/2016 of ASST. SESSIONS COURT
(ADDL.), PALAKKAD
CRIME NO. 632/2015 OF KUZHALMANNAM POLICE STATION, PALAKKAD DISTRICT
PETITIONER(S)/ACCUSED NOS.1 TO 3:
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1. MANIKANDAN,
AGED 33 YEARS, S/O.KANDAMUTHAN, THAYANGOTTUPURA VEEDU,
PUTHUKKODE, KANNANUR, KUZHALMANNAM, PALAKKAD DISTRICT.
2. PREMAKUMARI,
AGED 38 YEARS, D/O.KANDAMUTHAN, THAYANGOTTUPURA VEEDU,
PUTHUKKODE, KANNANUR, KUZHALMANNAM, PALAKKAD DISTRICT.
3. MADHAVI,
AGED 66 YEARS, W/O.KANDAMUTHAN, THAYANGOTTUPURA VEEDU,
PUTHUKKODE, KANNANUR, KUZHALMANNAM, PALAKKAD DISTRICT.
BY ADV. SRI.NIREESH MATHEW
RESPONDENT(S)/STATE DEFACTO COMPLAINANT:
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1. STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
2. DEEPTHI, AGED 26 YEARS,
D/O.CHANDRAN, CHENGARATH HOUSE, N.S.S.COLLEGE.P.O,
NENMARA, PALAKKAD DISTRICT.
R2 BY ADV. SRI.VIVEK VENUGOPAL
R1 BY PUBLIC PROSECUTOR SRI.AMJAD ALI
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06-10-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 6397 of 2017 ()
APPENDIX
PETITIONERS’ EXHIBITS
ANNEXURE A CERTIFIED COPY OF THE FINAL REPORT IN CRIME
NO.632/2015 OF KUZHALMAMMAN POLICE STATION.
ANNEXURE B ORIGINAL OF THE AFFIDAVIT DATED 13.9.2017 SWORN TO BY
THE 2ND RESPONDENT.
RESPONDENTS’ EXHIBITS : NIL
/TRUE COPY/
P. A. TO JUDGE
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SUNIL THOMAS, J.
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Crl. M. C. No. 6397 of 2017
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Dated this the 6th day of October, 2017
O R D E R
The petitioners are the accused Nos. 1 to 3 in Crime
No.632/2015 of Kuzhalmannam Police Station, Palakkad District
for offences punishable under Sections 498A, 511 of 306 read
with 34 IPC. The 1st petitioner had married the 2nd respondent in
accordance with the religious rites. Petitioners 2 and 3 are the in-
laws of the 2nd respondent. Subsequently, matrimonial
relationship got strained leading to registration of the crime at the
instance of the 2nd respondent herein. After investigation final
report was laid and the matter is now pending as S.C. No.62/2016
of the Assistant Sessions Judge (Additional), Palakkad.
2. The petitioners have approached this Court contending
that the disputes have been settled between the parties and the
1st petitioner and the 2nd respondent have decided to live
separately since they have found that continuance of the
matrimonial relationship is impossible. Hence, they have
resolved the disputes amicably. Learned counsel for the
petitioners and the learned counsel for the 2nd respondent relying
Crl. M. C. No. 6397 of 2017 2
on Annexure B affidavit reiterated the settlement between the
parties. It was submitted by the learned counsel for the 2nd
respondent that with the intervention of the third parties, disputes
have been resolved.
3. The learned Public Prosecutor on instructions
submitted that the matter has been resolved and reported to the
Investigating Officer.
The dispute essentially arose form a matrimonial discord.
Having considered the nature of allegations, I feel that this is a fit
case in which Section 482 Cr.P.C. can be invoked in the best
interest of all parties concerned. Hence, Crl.M.C. is allowed. All
further proceedings in S.C. No.62/2016 of the Assistant Sessions
Judge (Additional), Palakkad stand quashed.
Sd/
SUNIL THOMAS, JUDGE.
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