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Against The Order/Judgment In Cc … vs By Advs.Sri.Subal J.Paul on 21 December, 2017

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

THURSDAY, THE 15TH DAY OF MARCH 2018 / 24TH PHALGUNA, 1939

Crl.MC.No. 1390 of 2018

AGAINST THE ORDER/JUDGMENT IN CC 1470/2014 of ADDL.C.J.M., ERNAKULAM
CRIME NO. 508/2014 OF ERNAKULAM SOUTH POLICE STATION , ERNAKULAM

PETITIONERS/ACCUSED NOS. 1, 4 AND 2:

1 ANIL C.A
(38), AYYAPPANKUTTY, CHITHIRA, CHILAVANNUR ROAD,
KADAVANTHRA PO, ERNAKULAM.20

2 AYYAPPANKUTTY
(80), S/O KONNAN, CHITHIRA, CHILAVANNUR ROAD,
KADAVANTHRA PO, ERNAKULAM 20.

3 RADHAMANI
(67), W/O AYYAPPANKUTTY, CHITHIRA, CHILAVANNUR ROAD,
KADAVANTHRA PO, ERNAKULAM 20.

BY ADVS.SRI.SUBAL J.PAUL
SMT.SHEEBA THOMAS

RESPONDENTS/DEFACTO COMPLAINANT.:

1. RASHMI V.B
(36), D/O BHAGAVATH SINGH V.K, VELIPARAMBIL HOUSE,
OPPOSITE MANGALA SEA FOODS, EDAKOCHI.

2. STATE OF KERALA,
REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI.31.

R1 BY ADV. SMT.ANJU JAHAFER
R BY PUBLIC PROSECUTOR:SRI C N PRABHAKARAN

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15-03-2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 1390 of 2018 ()

APPENDIX

PETITIONER(S)’ EXHIBITS:

ANNEXURE A1 (CERTIFIED COPY OF FIR IN CR.508/2014 OF E.T SOUTH
POLICE STATION)

ANNEXURE A2 COPY OF COMPROMISE DATED 21.12.2017 FILED BEFORE
FAMILY COURT, ERNAKULAM.

RESPONDENTS EXHIBITS:NIL

True Copy / P A to Judge

SUNIL THOMAS, J.

Crl.M.C.No.1390 of 2018

Dated this the 15th day of March, 2018

ORDER

Petitioner herein allegedly harassed the defacto

complainant, who is his wife, demanding more dowry. She laid FIS,

pursuant to which, crime was registered as Crime No.508 o 2014 of

E.T.South Police Station against the petitioners, who are the husband

and in-laws. After investigation, final report was laid for offence

punishable under section 498A of the Indian Penal Code and is

pending as C.C.No.1470 of 2014 before the ACJM (Economic

Offences), Ernakualm.

2. It is reported that the parties have thereafter settled their

disputes. It is further stated that, a joint application for divorce was

filed before the competent court, which is now pending orders. An

affidavit is affirmed by the defacto complainant and produced along

with the Crl.M.C., wherein, she has reiterated the settlement.

Learned Public Prosecutor, on instructions, submitted that the

parties have resolved their dispute and they have no surviving

grievance.

3. Having considered these facts, I feel that, this is a fit

case in which the jurisdiction under section 482 Cr.P.C can be
Crl.M.C.1390/18
2

invoked.

In the result, Crl.M.C is allowed. All further

proceedings in C.C.No.1470 of 2014 before the ACJM (Economic

Offences), Ernakulam arising from Crime No.508 o 2014 of

E.T.South Police Station will stand quashed.

Sd/-

SUNIL THOMAS
Judge

Sbna/15/3/18

True Copy / P A to Judge

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