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Crime No. 693/2015 Of … vs By Adv.Sri.B.Sibi on 25 November, 2017

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

WEDNESDAY, THE 31ST DAY OF JANUARY 2018 / 11TH MAGHA, 1939

Crl.MC.No. 234 OF 2018
————————

AGAINST THE ORDER/JUDGMENT IN CC NO. 256/2015 OF J.M.F.C., SASTHAMCOTTA

CRIME NO. 693/2015 OF SASTHAMCOTTA POLICE STATION, KOLLAM

PETITIONERS/ACCUSED
——————–

1 VISAKH SURENDRAN
AGED 29, S/O SURENDRAN G, SOUMYA BHAVAN,
THEPPUPARA P.O, EZHAMKULAM, ADOOR, PATHANAMTHITTA.

2 SURENDRAN G
AGED 57, SOUMYA BHAVAN, THEPPUPARA P.O,
EZHAMKULAM, ADOOR, PATHANAMTHITTA.

3 RAMANY N
AGED 55, W/O SURENDRAN G, SOUMYA BHAVAN,
THEPPUPARA P.O, EZHAMKULAM, ADOOR, PATHANAMTHITTA.

BY ADV.SRI.B.SIBI

RESPONDENTS/COMPLAINANTS
————————–

1. STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM 31,
REPRESENTING S.I OF POLICE, SASTHAMCOTTA POLICE
STATION, KOLLAM DISTRICT.682031

2. ANJALY S,
AGED 26, D/O SHIVAPRASAD, SREE BHAVAN, THURUTHIKKARA P.O,
KUNNATHOOR, KOLLAM-690520.

R1 BY SR.PUBLIC PROSECUTOR SHRI.C.N.PRABHAKARAN
R2 BY ADV. SRI.C.R.JAYAKUMAR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31-01-2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
:2:

Crl.MC.No. 234 OF 2018 ()
————————

APPENDIX

PETITIONERS’ ANNEXURES
———————–

ANNEXURE A1 A TRUE COPY OF THE F.I.R NO.693/2015 OF
SASTHAMCOTTA POLICE STATION.

ANNEXURE A2 A TRUE COPY OF THE FINAL REPORT FILED BY THE 1ST
RESPONDENT.

ANNEXURE A3 THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT
DATED 25.11.2017.

RESPONDENTS’ EXHIBITS: NIL
———————

//TRUE COPY//

vgd PA TO JUDGE

SUNIL THOMAS, J.
——————————————-
Crl. M. C. No. 234 of 2018
——————————————-
Dated this the 31st day of January, 2018

ORDER

The 1st petitioner had married the 2nd respondent on

31.08.2014. Thereafter, they lived together in the matrimonial

house along with the petitioners 2 and 3, who are the parents of

the 1st petitioner. It is alleged by the 2 nd respondent that

immediately after the marriage, the petitioners started harassing

her physically and mentally alleging that the gold ornaments

given were not sufficient. They demanded more money and

property. It is alleged that she was physically and mentally

harassed and the gold ornaments were misappropriated. She

filed a complaint, pursuant to which Crime No.693/2015 was

registered by the Sasthamcotta Police Station for offence

punishable under Section 498A of IPC. After investigation final

report was filed. Cognizance was taken and the matter is now

pending as C.C. No.256/2015 of Judicial First Class Magistrate

Court, Sasthamcotta.

2. According to the petitioners herein, subsequent to the

registration of the crime parties have resolved their disputes and

they have decided to live separately. An application for divorce
Crl. M. C. No. 234 of 2018 2

was filed before the Pathanamthitta Family Court. In the above

circumstances, the 2nd respondent is stated to have decided not

to pursue the criminal proceedings. To substantiate this, the

learned counsel for the petitioners relied on Annexure A3 affidavit

allegedly sworn by the 2nd respondent. Learned counsel for the

2nd respondent acknowledged the due execution of the above

affidavit and submitted that the 2nd respondent herein has no

objection in quashing the proceedings.

3. The learned Public Prosecutor on instructions

submitted that the matter was settled and reported to the Police.

A joint application for divorce filed by the parties is pending.

4. Having considered these facts and also the fact that

the dispute is essentially one arising from a matrimonial discord,

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

C.C. No.256/2015 of Judicial First Class Magistrate Court,

Sasthamcotta stand quashed.

Sd/-

SUNIL THOMAS, JUDGE.

Pn

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