IN THE HIGH COURT OF KERALA AT ERNAKULAM
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
CRIME NO. 367/2014 OF PAZHAYANNUR POLICE STATION, THRISSUR
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.
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
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
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
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
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.