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Binoy vs State Of Kerala on 1 November, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

THURSDAY,THE 01ST DAY OF NOVEMBER 2018 / 10TH KARTHIKA,
1940

Crl.MC.No. 6719 of 2018

PENDING AS CC 483/2018 of ADDITIONAL CHIEF JUDICIAL
MAGISTRATE COURT, ERNAKULAM

CRIME NO. 494/2018 OF ERNAKULAM NORTH POLICE STATION ,
ERNAKULAM

PETITIONER/ACCUSED:

BINOY,
AGED 46 YEARS, S/O ANTONY, THAPPALODATH
HOUSE, CHANGAMPUZHA NAGAR, CHUTTUPADUKARA,
EDAPPALLY, NOW RESIDING AT THAPPALODATH
HOUSE, SRM ROAD, PACHALAM, ERNAKULAM.

BY ADV. SRI.THOMSTINE K.AUGUSTINE

RESPONDENT/STATE AND DEFACTO COMPLAINANT:

1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH
COURT OF KERALA, ERNAKULAM – 682031,
(REPRESENTING THE STATION HOUSE OFFICER,
ERNAKULAM TOWN NORTH POLICE STATION,
ERNAKULAM).

2 ROSY BINOY,
AGED 40 YEARS, W/O.BINOY, THAPPALODATH HOUSE,
SRM ROAD, PACHALAM, ERNAKULAM-682 022.

R2 BY ADV. SRI.J.JULIAN XAVIER
R1 BY PUBLIC PROSECUTOR SRI.T.R.RENJITH

THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 01.11.2018, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
Crl.MC.No. 6719 of 2018
2

O R D E R

The petitioner is the sole accused in

CC.No.483/2018 on the files of the Additional

Chief Judicial Magistrate Court, Ernakulam,

arising from Crime No.494/2018 of Ernakulam Town

North Police Station for offence punishable under

section 498A of the Indian penal Code.

2. The petitioner married the defacto

complainant, who is the second respondent herein

on 26.1.1998. While they were living together as

husband and wife, the petitioner herein allegedly

harassed the defacto complainant physically by

demanding more dowry. She laid FIS and crime

was registered. After investigation, final

report was laid and the matter is now pending

trial.

3. Pending the proceedings, claiming that

the entire disputes between the parties have been

amicably settled and that the couple are leading

a peaceful married life, Crl.M.C is filed. The

learned counsel for the petitioner and the
Crl.MC.No. 6719 of 2018
3

learned counsel for the second respondent

acknowledged the settlement. They also invited

my attention to Annexure-A3 affidavit affirmed by

the second respondent. The learned Public

Prosecutor on instructions submitted that

statement of the defacto complainant has been

recorded, wherein the settlement has been

reported. Considering the fact that the dispute

is essentially one arising from a matrimonial

dispute, which has now been settled by the

parties, I am inclined to invoke the jurisdiction

under section 482 Cr.P.C to quash the entire

criminal proceedings.

Crl.M.C is allowed. All further proceedings

in CC.No.483/2018 on the files of the Additional

Chief Judicial Magistrate Court, Ernakulam,

arising from Crime No.494/2018 of Ernakulam Town

North Police Station as against the petitioner

herein stands quashed.

Sd/-

SUNIL THOMAS, JUDGE
R.AV

//True Copy// PA to Judge
Crl.MC.No. 6719 of 2018
4

APPENDIX

PETITIONER’S/S EXHIBITS:

ANNEXURE A1: TRUE COPY OF THE FIR IN CRIME

NO.494/2018 OF ERNAKULAM TOWN
POLICE STATION, ERNAKULAM.

ANNEXURE A2: TRUE COPY OF THE FINAL REPORT IN
C.C.NO.483/2018 OF ADDITIONAL
CHIEF JUDICIAL MAGISTRATE COURT,
ERNAKULAM.

ANNEXURE A3: AFFIDAVIT DATED 09.10.2018 SWORN
BY THE 2ND RESPONDENT.

RESPONDENT’S/S EXHIBITS NIL

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