IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
MONDAY, THE 16TH DAY OF JULY 2018 / 25TH ASHADHA, 1940
Crl.MC.No. 4246 of 2018
CRIME NO. 2351/2016 OF PARASSALA POLICE STATION , THIRUVANANDAPURAM
PETITIONER(S)/ACCUSED:
MUHAMMED RAFI K.S.,
S/O. P.M.A. KHADER, AGED 33 YEARS, RESIDING AT MALIK MANZIL,
HOSPITAL JUNCTION. PARASSALA, PARASSALA P.O.,
THIRUVANANTHAPURAM DIST., PIN – 695 502.
BY ADV.SRI.S.JUSTUS
RESPONDENT(S)/STATE AND DEFACTO COMPLAINANT:
1. STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN – 682 031.
2. SUKANYA @ MANJU,
D/O. AJITHAKUMARI, AGED 31 YEARS, RESIDING AT
VALAVUPURAYIDOM, KANNIYOTTUKONAM, THRIKANNAPURAM,
KEEZHKOLLA DESOM, CHENKAL VILLAGE, NEYYATTINKARA
TALUK, THIRUVANANTHAPURAM DISTRICT, PIN – 695 132.
R2 BY ADV. SRI.JOSE ANTONY
R BY PUBLIC PROSECUTOR:SMT SREEJA V
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16-07-2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 4246 of 2018 ()
APPENDIX
PETITIONER(S)’ EXHIBITS:
ANNEXURE A1 F.I.R IN CRIME NO.2351/2016 OF PARASSALA POLICE STATION.
ANNEXURE A2 AFFIDAVIT FILED BY THE DEFACTO COMPLAINANT DATED 22.06.2018
RESPONDENTS EXHIBITS:NIL
True Copy / P A to Judge
SUNIL THOMAS, J.
Crl.M.C.No.4246 of 2018
Dated this the 16th day of July, 2018
ORDER
Petitioner herein is the sole accused in Crime No.2351 of
2016 of Parassala Police Station for offences punishable under
sections 498A, 312, 323 and 294(b) of the Indian Penal Code.
2. It was alleged by the second respondent that, she was
subjected to matrimonial cruelty by the petitioner herein.
Investigation is progressing.
3. Contending that the allegations were raised by the
defacto complainant on the basis of a misunderstanding, an
objection has been filed to quash the proceedings. An affidavit in
support of the settlement is produced as Annexure-A2. Learned
counsel for the petitioner and learned counsel for the second
respondent asserted the settlement on the strength of the above
affidavit. Learned Public Prosecutor submitted that, instruction has
been received recording the settlement.
4. Having considered these facts, I am inclined to invoke
the jurisdiction under section 482 Cr.P.C. to give a quietus to the
matrimonial dispute. It is also reported that the petitioner and
second respondent have legally got separated.
Crl.M.C.4246/18
2
In the result, Crl.M.C is allowed. All further proceedings
arising from Crime No.2351 of 2016 of Parassala Police Station will
stand quashed.
Sd/-
SUNIL THOMAS
Judge
Sbna/16/7/18
True Copy / P A to Judge