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Amith vs State Of Kerala on 18 January, 2019

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

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