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