IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
FRIDAY ,THE 18TH DAY OF JANUARY 2019 / 28TH POUSHA, 1940
Crl.MC.No. 8369 of 2018
PENDING AS CC 81/2017 of J.M.F.C. – I, KARUNAGAPPALLY
CRIME NO. 3736/2014 OF KARUNAAGAPALLY POLICE STATION , KOLLAM
PETITIONERS/ACCUSED:
1 AMITH, AGED 36 YEARS, S/O.SUBRAMANIAN, KANNANKERAN
HOUSE, THALIKULAM VILLAGE,
THRISSUR DISTRICT.
2 GIRIJA, AGED 59 YEARS
W/O.SUBRAMANIAN, KANNANKERAN HOUSE, THALIKULAM
VILLAGE, THRISSUR DISTRICT.
3 ANJITH, AGED 40 YEARS
S/O.SUBRAMANIAN, KANNANKERAN HOUSE, THALIKULAM
VILLAGE, THRISSUR DISTRICT.
BY ADVS.
SRI.SANTHOSH P.PODUVAL
SMT.R.RAJITHA
SRI.R.N.SANDEEP
RESPONDENTS/STATE, DEFACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM- 31.
2 BINDHYA MOHAN, AGED 32 YEARS
D/O.MADAN MOHAN, RESIDING AT PALACE GARDEN
VILLA-4, KARTHIKA VEEDU, SVM P.O.,
AYANIVELIKULANGARA, KOLLAM DISTRICT- 690518.
BY ADVS.
SRI.M.T.SURESHKUMAR
T.R.VINOD
SR PP CN PRABHAKARAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
18.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 8369 of 2018
2
ORDER
The petitioners herein are the accused in
CC.No.81/2017 of Judicial First Class magistrate Court,
Karunagappally, arising from Crime No.3736/2014 of
Karunagappally Police Station, for offences punishable
under sections 406, 417, 420, 468, 494, 495 and 498A
read with section 34 of the Indian Penal Code.
2. The allegation of the prosecution is that, the first
accused married the defacto complainant-second
respondent on 11.5.2012. Thereafter, she was subjected
to matrimonial cruelty, it was alleged. Pursuant to the
complaint laid, crime was registered. The petitioners have
approached this court contending that the parties have
now settled their dispute. The matter is now reported to
be pending as CC.No.81/2017 on the files of the Judicial
First Class magistrate Court, Karunagappally.
3. Crl.M.C is filed on a premise that the parties
have settled their dispute, evidenced by Annexure-A
Crl.MC.No. 8369 of 2018
3
petition for compounding produced along with the Crl.M.C..
The learned counsel for the petitioners and the learned
counsel for the second respondent relied on the above
document and submitted that the parties have resolved
their dispute to their satisfaction. The learned Public
prosecutor on instructions submitted that the parties have
resolved their dispute and the statement of the second
respondent – defacto complainant has been recorded.
Having considered these facts, I am inclined to invoke the
jurisdiction under section 482 Cr.P.C, and to quash the
entire criminal proceedings.
Accordingly, Crl.M.C is allowed. All further
proceedings in CC.No.81/2017 of Judicial First Class
magistrate Court, Karunagappally, arising from Crime
No.3736/2014 of Karunagappally Police Station, stands
quashed.
Sd/-
SUNIL THOMAS, JUDGE
R.AV
//True Copy//
PA to Judge
Crl.MC.No. 8369 of 2018
4
APPENDIX
PETITIONER’S/S EXHIBITS:
ANNEXURE A CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO.3736/14 OF KARUNAGAPPALLY
POLICE STATION.
RESPONDENT’S/S EXHIBITS NIL
