IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
WEDNESDAY, THE 6TH DAY OF DECEMBER 2017/15TH AGRAHAYANA, 1939
Crl.MC.No. 8134 of 2017 ()
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AGAINST THE ORDER/JUDGMENT IN CC 120/2015 of JUDICIAL FIRST CLASS
MAGISTRATE COURT, MATTANCHERY
CRIME NO. 978/2014 OF FORT KOCHI POLICE STATION , ERNAKULAM
PETITIONER(S)/ACCUSED:
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1. LIFAS P.A
S/O.ABDUL RAHIMAN, PANAYAMPILLY HOUSE,
ANNAMANDA P.O., KALLUR VADAKKUMMURI VILLAGE,
CHALAKKUDY TALUK, THRISSUR – 680 741.
2. SUHARA
W/O.ABDUL RAHIMAN, AGED 58 YEARS,
PANAYAMPILLY HOUSE, ANNAMANDA P.O.,
KALLUR VADAKKUMMURI VILLAGE,
CHALAKKUDY TALUK, THRISSUR – 680 741.
BY ADV. SRI.P.M.ZIRAJ
RESPONDENT(S)/COMPLAINANT:
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1. STATE OF KERALA
REP. BY PUBLIC PROSECUTOR,
HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM,
THROUGH SUB INSPECTOR OF POLICE,
FORT KOCHI POLICE STATION – 682 031.
2. SUMAYYA
D/O.IBRAHAM, AGED 27 YEARS,
ARACKAL HOUSE, FORT KOCHI VILLAGE,
KOCHI TALUK, ERNAKULAM DISTRICT – 682 002.
R2 BY ADV. SRI.K.S.MADHUSOODANAN
R2 BY ADV. SRI.K.S.MIZVER
R BY PUBLIC PROSECUTOR:SRI C K PRASAD
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06-12-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 8134 of 2017 ()
APPENDIX
PETITIONER(S)’ EXHIBITS
ANNEXURE 1 TRUE COPY OF THE F.I.R. IN CRIME NO.978/2014 OF
FORT KOCHI POLICE STATION.
ANNEXURE 2 TRUE COPY OF THE FINAL REPORT SUBMITTED BY THE SUB
INSPECTOR OF POLICE, IN CRIME NO.978/2014 OF FORT KOCHI POLICE
STATION.
ANNEXURE 3 ORIGINAL OF THE AFFIDAVIT DATED 15/11/2017 SWEAR
BY THE DEFACTO COMPLAINANT (CW1)
RESPONDENT(S)’ EXHIBITS:NIL
True Copy / P A to Judge
SUNIL THOMAS, J.
Crl.M.C.No.8134 of 2017
Dated this the 6th day of December, 2017
ORDER
The first petitioner is the son of the second petitioner.
Petitioners stand arrayed as accused in Crime No.978 of 2014 of
Fort Kochi Police Station for offences punishable under sections
498A r/w 34 of the Indian Penal Code.
2. The de facto complainant laid the above complaint
alleging matrimonial cruelty. Pursuant to the complaint laid, crime
was registered and after investigation, final report was laid. The
matter is now pending as C.C.No.120 of 2015 of Judicial First Class
Magistrate Court-V, Mattanchery.
3. Petitioners have now approached this Court contending
that the dispute with the second respondent has been mutually
settled. It was stated that the de facto complainant filed the
complaint due to sudden provocation and that, she has no surviving
grievance against the petitioners. To substantiate it, an affidavit
was affirmed by her and produced as Annexure-III. Learned counsel
for the petitioner and the learned counsel for the second respondent
submitted that the matter has been duly settled.
4. Learned Public Prosecutor on instructions submitted that
the parties have resolved their dispute and that the statement of the
Crl.M.C.8134/17
2
victim has also been recorded.
5. Having considered the nature of allegations, which is
essentially in the nature of matrimonial dispute and the settlement
arrived at between the parties, I feel that no purpose will be served
by prosecuting the petitioners any further. Hence, I am inclined to
invoke the jurisdiction under section 482 Cr.P.C, to quash the entire
criminal proceedings.
In the result, Crl.M.C is allowed. All further proceedings
arising from Crime No.978 of 2014 of Fort Kochi Police Station will
stand quashed.
Sd/-
SUNIL THOMAS
Judge
Sbna/6/12/17
True Copy / P A to Judge
