IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
WEDNESDAY, THE 13TH DAY OF DECEMBER 2017/22ND AGRAHAYANA, 1939
Crl.MC.No. 3397 of 2013 ()
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(C.C.NO.35/2012 ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE
COURT, KOTTAYAM.)
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PETITIONER(S)/ACCUSED :-:
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1. K.I. JOSEPH, AGED 62 YEARS,
S/O.ISSAC, KALLAPPARA VEEDU, KARIYAMBADI P.O.,
MEENANGADI, WAYANAD DISTRICT.
2. SANTHA JOSE, AGED 57 YEARS,
W/O.K.I.JOSEPH, KALLAPPARA VEEDU,
KARIYAMBADI P.O., MEENANGADI, WAYANAD DISTRICT.
* ADDL. PETITIONER NO.3 IMPLEADED
3. MANNU JOSE, S/O K I JOSEPH, KALLAPPARA VEEDU,
KARIYAMBADI P.O., MEENANGADI,WAYANAD DISTRICT.
* IS IMPLEADED AS ADDL.P3 AS PER ORDER DATED 11.10.2017 IN
CRL.MA.NO.11026/2017.
BY ADVS.SRI.S.RAJEEV
SRI.K.K.DHEERENDRAKRISHNAN
RESPONDENT(S)/RESPONDENTS/COMPLAINANT/STATE:-:
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1. STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM – 682 031.
2. KARINA @ KARINA MARY ABRAHAM,
D/O.ABRAHAM KORAH, KAITHAYIL VEEDU,
VADAVATHOOR KARA, VIJAYAPURAM VILLAGE,
KOTTAYAM TALUK, KOTTAYAM DISTRICT – 686 010.
R2 BY ADV. SRI.K.K.JOHN
R2 BY ADV. SRI.BENNY CHERIAN
R2 BY ADV. SRI.ASISH K.JOHN
R1 BY SRI.C.K.PRASAD, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
13-12-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
AMV
: 2 :
Crl.MC.No. 3397 of 2013 ()
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APPENDIX
PETITIONER(S)’ EXHIBITS :
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ANNEXURE-I. COPY OF THE COMPLAINT FILED BY THE SECOND
RESPONDENT BEFORE THE CJM, KOTTAYAM, ON 19.07.2012.
ANNEXURE II. COPY OF PETITION FILED BY THE FIRST ACCUSED FOR
DECLARING THE MARRIAGE NULL AND VOID, NOW PENDING
CONSIDERATION BEFORE THE FAMILY COURT, KOTTAYAM.
ANNEXURE III. COPY OF THE PETITION SUBMITTED BY THE FIRST ACCUSED
BEFORE THE FAMILY COURT AGAINST THE 2ND RESPONDENT,
ORIGINALLY FILED BEFORE THE FAMILY COURT, WAYANAD,
AND NOW PENDING AS OP NO.81/2012 ON THE FILE OF THE
FAMILY COURT, KOTTAYAM.
RESPONDENT(S)’ EXHIBITS : NIL
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/TRUE COPY/ P.A.TO JUDGE
AMV
SUNIL THOMAS, J.
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Crl.M.C.No. 3397 of 2013
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Dated this the 13th day of December, 2017
ORDER
The petitioners are the accused in C.C.No.35/2012 on the
file of the Chief Judicial Magistrate Court, Kottayam alleging
offence punishable under Sections 498A, 406, 420, 323, 506(i)
r/w Section 34 of the Indian Penal Code.
2. The 3rd petitioner had married the 2nd respondent de
facto complainant. Thereafter the matrimonial relationship got
strained leading to various matrimonial litigations including a
private complaint moved by the 2nd respondent alleging
matrimonial cruelty. The matter is now pending as
C.C.No.35/2017. Pending the proceedings against the order in
O.P.No.1364/2010, MAT appeal No.379/2015 was filed by two
of the petitioners herein. In the Matrimonial appeal, the parties
were relegated to the mediation centre and they entered into a
settlement dated 20.09.2017. It is stated that, pursuant to the
settlement, the matrimonial appeal was closed recording a
compromise filed by the parties in terms of the settlement.
The copy of the above settlement and the compromise filed by
the parties in the MAT appeal No.379/2015 were placed before
me at the time of hearing by both sides along with the order in
Crl.M.C.No. 3397 of 2013
2
MAT appeal No.379/2015. The judgment shows that settlement
was accepted and it was directed that the compromise will
form part of the judgment of this Court.
3. The learned counsel for the petitioners and the
learned counsel for the contesting respondents submitted that
the matter has been completely resolved and, accordingly,
divorce was granted by the Family Court, Kottayam.
4. In the light of the settlement reported by both sides
and the submission of the learned Public Prosecutor that the
settlement has been reported to the 1st respondent, I am
inclined to invoke the jurisdiction under Section 482 Cr.P.C. to
meet the ends of justice. Accordingly, Crl.M.C.is allowed and all
further proceedings in C.C.No.35/2012 of Chief Judicial
Magistrate Court, Kottayam shall stand quashed.
Sd/-
SUNIL THOMAS, JUDGE
AMV/13/12/2017