IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
TUESDAY, THE 30TH DAY OF MAY 2017/9TH JYAISHTA, 1939
Crl.MC.No. 3508 of 2017 ()
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CC 761/2012 of J.M.F.C.-II, KOLLAM
CRIME NO. 866/2012 OF ERAVIPURAM POLICE STATION , KOLLAM
PETITIONER(S)/ACCUSED NO. 1 TO 5:
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1. NIZAM, AGED 30 YEARS, S/O. MOITHEENKUNJU, VAZHAKOOTTATHIL
PARINJATTATHIL VEETTIL, VALATHUNGALACHERRY, ERAVIPURAM
VILLAGE, HYDARALI NAGAR – 9
2. JAMAILATH, AGED 56 YEARS, W/O. MOITHEENKUNJU, VAZHAKOOTTATHIL
PADINJATTATHIL VEETTIL, VALATHUNGALCHERRY, ERAVIPURAM
VILLAGE, HYDARALI NAGAR – 9.
3. MOITHEENKUNJU, AGED 62 YEARS, S/O. BEERANKUTTY,
VAZHAKOOTTATHIL PADINJATTATHIL VEETTIL, VALATHUNGALCHERRY,
ERAVIPURAM VILLAGE, HYDARALI NAGAR – 9.
4. MUMTHAS, AGED 27 YEARS, D/O. JAMAILATH, VAZHAKOOTTATHIL
PADINJATTATHIL VEETTIL, VALATHUNGALCHERRY, ERAVIPURAM
VILLAGE, HYDARALI NAGAR – 9.
5. ANSAR, AGED 31 YEARS, S/O. SAINULABDEEN, VAZHAKOOTTATHIL
PADINJATTATHIL VEETTIL, VALATHUNGALCHERRY, ERAVIPURAM
VILLAGE, HYDARALI NAGAR – 9.
BY ADVS.SRI.PRATHEESH.P
SMT.S.SEETHA
RESPONDENT(S)/STATE DEFACTO COMPLAINANT:
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1. STATE OF KERALA
THROUGH THE SUB INSPECTOR OF POLICE, ERAVIPURAM
POLICE STATION REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
2. RIJI, D/O. SABITHA, AGED 24 YEARS, LAJIN MANZIL,
CHIRAYINKEEZU, THIRUVANANTHAPURAM.
R2 BY ADV. SRI.A.MUHAMMED RAFFI
R1 BY PUBLIC PROSECUTOR, SMT. M K PUSHPALATHA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30-05-
2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 3508 of 2017 ()
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APPENDIX
PETITIONER(S)’ EXHIBITS
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ANNEXURE 1 : CERTIFIED COPY OF FIR IN CRIME NO. 866/2012 OF ERAVIPURAM
POLICE STATION.
ANNEXURE 2 : CERTIFIED COPY OF FINAL REPORT IN CRIME 866/2012 OF
ERAVIPURAM POLICE STATION.
ANNEXURE 3 : THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT REGARDING
THE COMPROMISE DATED 08.05.2017.
RESPONDENT(S)’ EXHIBITS: NIL
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// True Copy //
PA to Judge
B.SUDHEENDRA KUMAR, J.
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Crl.M.C. No.3508 of 2017
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Dated this the 30th day of May 2017
O R D E R
The petitioners are the accused in C.C.No.761 of
2012 on the files of the court below. The offence alleged is
the offence under Section 498A read with section 34 I.P.C.
2. The second respondent is the de-facto complainant
in this case.
3. Heard.
4. The learned counsel for the petitioners and the
learned counsel for the second respondent have submitted
that the matter has been settled between the parties and
presently, the 2nd respondent is residing with the 1st
Crl.M.C.3508/2017
-: 2 :-
petitioner, who is her husband under one roof. The learned
Public Prosecutor also submitted that the 1st petitioner and
the 2nd respondent are presently residing together as
husband and wife under one roof. The second respondent
filed affidavit stating that the matter has been settled
between the parties and hence, she has no further
grievance against the petitioners. The above dispute arose
out of family relationship. Therefore, since the matter has
been settled between the parties, I am of the view that
quashing the said offence would secure the ends of justice.
For the said reason, I am inclined to quash Annexure-2
final report and further proceedings against the petitioners
in C.C.No.761 of 2012 on the files of the court below, in
exercise of the inherent power under Section 482 Cr.P.C.,
to meet the ends of justice and accordingly, I order so.
In the result, this Crl.M.C. stands allowed.
Sd/-
B.SUDHEENDRA KUMAR,
JUDGE
dl/30.5.2017
