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Ajith Balagopalan vs State Of Kerala on 24 April, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MRS. JUSTICE SHIRCY V.

WEDNESDAY, THE 24TH DAY OF APRIL 2019 / 4TH VAISAKHA, 1941

Crl.MC.No. 3048 of 2019

AGAINST THE PROCEEDINGS IN CC 1743/2014 of JUDICIAL MAGISTRATE OF
FIRST CLASS,WADAKKANCHERRY

CRIME NO. 367/2014 OF PAZHAYANNUR POLICE STATION, THRISSUR

PETITIONER/ACCUSED :

AJITH BALAGOPALAN,S/O. LATE BALAGOPALAN
AGED 40 YEARS
FLAT NO.S2, 38/26, RAAJAILLAM, 23RD STREET, THILLAI
GANGA NAGAR, NANGANALLUR POST-600061, CHENNAI
DISTRICT, THAMILNADU STATE.

BY ADVS.
SRI.GEEN T.MATHEW
SRI.O.RAMACHANDRAN NAMBIAR

RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM.

2 SIJINA MURALI
D/O.MURALI ASHIRVAD, AGED 36 YEARS, ASHIRVAD HOUSE,
KONDAZHI VILLAGE, TALAPILLY TALUK, KANNANUR POST-
679106, THRISSUR DISTRICT.

BY ADV. SRI.C.S.SUMESH

OTHER PRESENT:
PP: SMT MAYA M N

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
24.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 3048 of 2019 2

JUDGMENT

This petition is filed by the accused in C.C.No.1743/2014

of the Judicial First Class Magistrate Court, Wadakkanchery

registered for the offences punishable under Sections 498A

and 406 of the Indian Penal Code, 1860.

2. Heard the learned Counsel for the petitioner, the

learned Counsel for the second respondent and the learned

Public Prosecutor.

3. On a perusal of the records it is seen that the

petitioner had married the second respondent on 24.1.2007

and they resided together as husband and wife for some time.

A child was also born to them in the wedlock. Thereafter, the

relationship got strained and they started to live separately.

Later they filed a petition under Section 13 (B) of the Hindu

Marriage Act for dissolution of marriage on mutual consent. As

per Annexure A4 order, the learned Family Court, Thrissur

dissolved their marriage by a decree of divorce from the date

of the order, ie; on 23.2.2018.

4. A case has been registered against this petitioner by

the Pazhayannur Police as Crime No.367/2014 under Section
Crl.MC.No. 3048 of 2019 3

498A and 406 of the Indian Penal Code. As the matter has

been settled between the parties amicably, mutual divorce

petition has been accepted by the Family Court. Now the

learned Counsel appearing for the second respondent has

submitted that she has absolutely no complaints against this

petitioner and the entire dispute has been amicably settled

between the parties.

5. The learned Public Prosecutor has also submitted that

the matter has been settled between the parties and hence, I

find that this petition filed by the petitioner is only to be

allowed as prayed for, in the interest of justice.

Therefore, this Crl.M.C. is allowed and F.I.R No.367/2014

of Pazhayannur Police Station and the final report filed

pursuant to the FIR (Final Report No.827/2014 in

C.C.No.1743/2014) before the Judicial First Class Magistrate

Court, Wadakkanchery are hereby quashed as prayed for.

Sd/-

SHIRCY V.

smm JUDGE

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