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Against The Order/Judgment In Cc … vs By Adv.Sri.Jacob George … on 2 June, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

FRIDAY, THE 6TH DAY OF JULY 2018 / 15TH ASHADHA, 1940

Crl.MC.No. 3979 of 2018

AGAINST THE ORDER/JUDGMENT IN CC 2230/2015 of TEMPORARY JUDL. FIRST CLASS
MAGISTRATE COURT, NJARAKKAL
CRIME NO. 1758/2014 OF NARAKKAL POLICE STATION , ERNAKULAM

PETITIONER(S)/ACCUSED NOS.1 TO 3:

1 ANTONY IBIN
AGED 32 YEARS, S/O ANDROOS, KANAKKASSERY HOUSE,
KAMPANIPEEDIKA, OCHANTHURUTHU, PUTHUVYPPU VILLAGE,
KOCHI TALUK, ERNAKULAM DISTRICT-682508.

2 GRACY
AGED 56 YEARS, W/O ANDROOS,
KANAKKASSERY HOUSE,
KAMPANIPEEDIKA, OCHANTHURUTHU, PUTHUVYPPU VILLAGE,
KOCHI TALUK, ERNAKULAM DISTRICT-682508.

3 SARITHA
AGED 35 YEARS, D/O ANDROOS,
KANAKKASSERY HOUSE,
KAMPANIPEEDIKA, OCHANTHURUTHU, PUTHUVYPPU VILLAGE,
KOCHI TALUK, ERNAKULAM DISTRICT-682508.

BY ADV.SRI.JACOB GEORGE (PARAVUR)

RESPONDENT(S)/STATE DEFACTO COMPLAINANT.:

1. THE STATE OF KERALA
(REP. BY THE SUB INSPECTOR OF POLICE,
CR.NO.1758/2014 OF NJARAKKAL POLICE STATION)
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERANAKULAM.

2. THRESSIA NEENU,
AGED 24 YEARS, D/O GEORGE, THAIPARAMPIL HOUSE,
ANCHUCHIRABHAGAM, NJARAKKAL, KOCHI TALUK,
ERNAKULAM-682505.

R2 BY ADV. SRI.P.M.MANASH
R2 BY ADV. SRI.C.Y.VINOD KUMAR
R1 BY ADV. ADDL.DIRECTOR GENERAL OF PROSECUTION
R BY PUBLIC PROSECUTOR:SRI T R RANJITH

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06-07-2018 ALONG
WITH CRL.M.C.3988/18, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 3979 of 2018 ()

APPENDIX

PETITIONER(S)’ EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF THE FINAL REPORT IN C.C NO.2230/2015 ON THE
FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, NJARAKKAL.

ANNEXURE A2 AFFIDAVIT SWORN BY THE 2ND RESPONDENT/DEFACTO
COMPLAINANT DATED 2.6.2018.

RESPONDENTS EXHIBITS:NIL

True Copy / P A to Judge

SUNIL THOMAS, J.

Crl.M.C.Nos.3979 and 3988 of 2018

Dated this the 6th day of July, 2018

COMMON ORDER

These Crl.M.C’s arise from C.C.Nos.2230 of 2015 and

2016 of 2015, both of Judicial First Class Magistrate Court,

Njarakkal.

2. The crux of the prosecution allegation in C.C.No.2230 of

2015 is that, after the marriage of the first petitioner in

Crl.M.C.No.3979 of 2018 with the second respondent, she was

subjected to physical and mental cruelty by the petitioners, who are

the husband and in-laws demanding more dowry. Pursuant to the

harassment, defacto complainant is stated to have laid an FIS, and

Crime No.1758 of 2014 was registered by the Njarakkal police for

offences punishable under sections 498A and 406 r/w 34 of the

Indian Penal Code. After investigation, final report was laid.

Parties faced trial in that. In C.C.No.2016 of 2015, accused Nos.1

and 2 in C.C.No.2230 of 2015 are the defacto complainant and the

injured. Accused therein are the close relatives of the defacto

complainant in C.C.No.2230 of 2015. It is stated therein that,

accused assaulted the defacto complainant pursuant to matrimonial

dispute involving their relatives. Crime was registered as Crime
Crl.M.C.Nos.3979 and 3988 of 2018
2

No.1320 of 2014 by the Njarakkal Police Station for offences

punishable under sections 323, 448, 294(b), 506(i) and 34 of the

Indian Penal Code.

3. Pending the proceedings, matrimonial disputes are

stated to have been resolved stating that the spouses have decided

to live separately after giving quietus to the matrimonial dispute.

An affidavit has been affirmed by the wife. It is produced in

Crl.M.C.No.3979 of 2018 as Annexure-A2. She has expressed her

willingness to quash the criminal proceedings initiated by her.

Accordingly, respondents in C.C.No.2016 of 2015 have filed two

separate affidavits as Annexures-A2 and A3 in Crl.M.C.No.3988 of

2018. It is stated by them that, they have no objection in quashing

the proceedings. Learned Public Prosecutor, on instructions,

submitted that the parties have resolved their dispute and

statement of the respective defacto complainants have been

recorded.

4. Having regard to the nature of allegations and the

settlement arrived at between the parties, I find that, no purpose

will be served by prosecuting the petitioners herein, essentially, the

dispute is a matrimonial dispute and questions of public importance

do not arise. Accordingly, I am inclined to invoke the jurisdiction
Crl.M.C.Nos.3979 and 3988 of 2018
3

under section 482 Cr.P.C to quash the criminal proceedings.

In the result, Crl.M.Cs are allowed. All further

proceedings arising from C.C.Nos.2230 of 2015 and 2016 of 2015,

both of Judicial First Class Magistrate Court, Njarakkal will stand

quashed.

Sd/-

SUNIL THOMAS
Judge
Sbna/6/7/18
True Copy / P A to Judge

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