IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
FRIDAY, THE 16TH DAY OF FEBRUARY 2018 / 27TH MAGHA, 1939
Crl.MC.No. 586 of 2018
AGAINST THE ORDER/JUDGMENT IN CC 227/2017 of C.J.M.,MANJERI
CRIME NO. 285/2015 OF MANJERI POLICE STATION , MALAPPURAM
PETITIONER(S)/ACCUSED:
1 SAJEESH
S/O. RAJAN,
AGED 31 YEARS,
POOLAKUNNATHU HOUSE,
PARAKKULAM ROAD,
NARUKARA
MANJERI, MALAPPURAM DISTRICT.
2 SOUDAMINI
W/O. RAJAN
AGED 50 YEARS,
POOLAKUNNATHU HOUSE,
PARAKKULAM ROAD,
NARUKARA
MANJERI, MALAPPURAM DISTRICT.
BY ADV.SRI.R.RANJITH (MANJERI)
RESPONDENT(S)/STATE, DEFACTO COMPLAINANT:
1. THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, KOCHI- 682 031
FOR THE SUB INSPECTOR OF POLICE,
MANJERI POLICE STATION, MALAPPURAM DISTRICT- 676 121
2. ATHIRA
D/O. BALAKRISHNAN,
AGED 24 YEARS
PALLIKKATHODI HOUSE
KARUVAMBRAM WEST.P.O.
MANJERI, MALAPPURAM DISTRICT- 676 121.
R2 BY ADV. SRI.A.P.NIDHIN KUMAR
R BY PUBLIC PROSECUTOR:SRI C N PRABHAKARAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16-02-2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 586 of 2018 ()
APPENDIX
PETITIONER(S)’ EXHIBITS:
ANNEXURE A1 CERTIFIED COPY OF THE FIR IN CRIME NO 285/2015 OF THE MANJERI
POLICE STATION.
ANNEXURE A2 CERTIFIED COPY OF THE CHARGE ALONG WITH THE MEMORANDUM
OF EVIDENCE IN CRIME NO 285/2015 OF THE MANJERI POLICE STATION
ANNEXURE A3 TRUE COPY OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT
DATED 16.12.2017
RESPONDENTS EXHIBITS:NIL
True Copy / P A to Judge
SUNIL THOMAS, J.
Crl.M.C.No.586 of 2018
Dated this the 16th day of February, 2018
ORDER
Petitioners are accused in C.C.No.227 of 2017 of Chief
Judicial Magistrate Court, Manjeri arising from Crime No.285 of
2015 of the Manjeri Police Station for offences punishable under
sections 498A, 406 r/w 34 of the Indian Penal Code.
2. The defacto complainant was married by the first
petitioner herein on 31.08.2014. Thereafter, demanding more
ornaments, the husband and his mother harassed her mentally and
physically. Arraying them as accused, complaint was laid and
investigation was conducted. Final report was laid against them
and cognizance was taken by the court below.
3. Petitioners have approached this Court stating that, they
have settled the dispute with the defacto complainant out of Court
and the defacto complainant has no grievance surviving against
them. It was contended that, hence, prosecution, if continued, will
only be a sheer waste of time. Learned counsel for the petitioners
and the learned counsel for the second respondent/defacto
complainant relied on Annexure-C affidavit affirmed by the defacto
complainant. She has expressed that, she does not intend to
prosecute the matter any further and that, she has no objection in
Crl.M.C.586/18
2
quashing the proceedings.
4. Having considered the submission made by the learned
counsel for the petitioners and the learned counsel for the second
respondent that, they have no objection in quashing the proceedings
and the submission of the learned Public Prosecutor that the matter
has been settled and reported to the investigating agency, I am
inclined to invoke the jurisdiction under section 482 Cr.P.C to quash
the criminal proceedings.
In the result, Crl.M.C is allowed. All further proceedings
in C.C.No.227 of 2017 of Chief Judicial Magistrate Court, Manjeri
arising from Crime No.285 of 2015 of the Manjeri Police Station will
stand quashed.
Sd/-
SUNIL THOMAS
Judge
Sbna/16/2/18
True Copy / P A to Judge