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Crime No. 1105/2013 Of Pandalam … vs By Advs.Sri.Manu Ramachandran on 21 July, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

WEDNESDAY, THE 8TH DAY OF AUGUST 2018 / 17TH SRAVANA, 1940

Crl.MC.No. 4929 of 2018

C.C.NO.3011/2013 of JUDICIAL FIRST CLASS MAGISTRATE COURT, ADOOR

CRIME NO. 1105/2013 OF PANDALAM POLICE STATION, PATHANAMTITTA

PETITIONERS/ACCUSED NO. 1 TO 3:

1 SANTHOSH,
AGED 45 YEARS, S/O. KUNJUKUNJU, RESIDING AT OORALIVELIL (H),
V-KOTTAYAM P.O., V-KOTTAYAM VILLAGE, PATHANAMTHITTA DISTRICT.

2 KUNJUKUNJU,
AGED 65 YEARS, S/O. AYYAPPAN, RESIDING AT OORALIVELIL (H),
V-KOTTAYAM P.O., V-KOTTAYAM VILLAGE, PATHANAMTHITTA DISTRICT.

3 JANAKI,
AGED 62 YEARS, W/O. KUNJUKUNJU, RESIDING AT OORALIVELIL (H),
V-KOTTAYAM P.O., V-KOTTAYAM VILLAGE, PATHANAMTHITTA DISTRICT.

BY ADVS.SRI.MANU RAMACHANDRAN
SRI.T.S.SARATH
SRI.M.KIRANLAL
SRI.R.RAJESH (VARKALA)

RESPONDENTS/STATE DE-FACTO COMPLAINANT:

1. THE STATE OF KERALA
THROUGH SUB INSPECTOR OF POLICE, PANDALAM POLICE STATION,
PATHANAMTHITTA DISTRICT, REPRESENTED BY PUBLIC
PROSECUTOR, HIGH COURT OF KERALA.

2. SUMATHI M.G.,
AGED 45 YEARS, W/O. SANTHOSH, NOW RESIDING AT OORALIVELIL(H),
V-KOTTAYAM P.O., V-KOTTAYAM VILLAGE, PATHANAMTHITTA
FROM MAMPARAKIZHAKKEKARA VEEDU, KAIPPUZHA NORTH P.O.,
KULANADA VILLAGE, PATHANAMTHITTA DISTRICT – 689 656.

R1 BY PUBLIC PROSECUTOR SRI.T.R.RENJITH
R2 BY ADV. SMT.LIYA ROSE KURIAN

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08-08-2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 4929 of 2018

APPENDIX

PETITIONERS’ ANNEXURES

ANNEXURE A1 THE CERTIFIED COPY OF THE FIR IS IN CRIME NO.
1105/2013 OF PANDALAM POLICE STATION,
PATHANAMTHITTA.

ANNEXURE A2 THE TRUE COPY OF THE FIRST FINAL REPORT IN
ANNEXURE A1 FIR WHICH IS NOW PENDING AS C.C.NO.
3011/2013 ON THE FILES OF JFMC-ADOOR.

ANNEXURE A3 THE TRUE COPY OF THE SECOND FINAL REPORT IN
ANNEXURE A1 FIR WHICH IS NOW PENDING AS C.C.NO.
3011/2013 ON THE FILES OF JFMC-ADOOR.

ANNEXURE A4 THE ORIGINAL OF THE AFFIDAVIT DATED 21.07.2018
SWORN BY THE 2ND RESPONDENT/DE-FACTO
COMPLAINANT.

RESPONDENTS’ ANNEXURES:
———————–
NIL

//True Copy//

P.A. To Judge

Bb

SUNIL THOMAS, J.
……………………………………………..
Crl.M.C.No.4929 of 2018
………………………………………………
Dated this the 8th day of August, 2018

ORDER

Petitioners are the accused in Crime No.1105/2013

of Pandalam police station registered for offences under

Sections 498A, 316 and 323 r/w Section 34 of the Indian

Penal Code. The first petitioner had married the second

respondent/de facto complainant. While they were living

together, matrimonial dispute arose. It was alleged that

the petitioners who are the husband and in-laws,

misappropriated her gold ornaments and money and

tortured her on different occasions, demanding more

money. She laid a complaint which led to the registration

of crime and ultimately final report was laid. The matter

is now pending as C.C.No.3011/2013 of Judicial First

Class Magistrate Court, Adoor.

2. Claiming that the matrimonial disputes have

now been settled and compromised and that the parties
Crl.M.C.No.4929 of 2018 : 2 :

have resumed their matrimonial relationship, the Crl.M.C.

is laid. According to the learned counsel for the

petitioners, Annexure A4 affidavit affirms the settlement.

It was also submitted by both sides that the parties are

living together.

3. The learned Public Prosecutor, on instructions,

submitted that the statement of the victim indicates that

she has resumed the matrimonial relationship and the

parties have been living together for the past 3 years.

4. Considering the fact that the dispute is one

arising from a family dispute, which has now been

resolved inter se between the parties, I feel that no

purpose will be served by continuing the criminal

proceedings and is liable for a premature termination.

Hence, I am inclined to invoke the jurisdiction under

Section 482 Cr.P.C. and to give a quietus to the criminal

proceedings.

Accordingly, the Crl.M.C. is allowed and all further

proceedings in C.C.No.3011/2013 of Judicial First Class
Crl.M.C.No.4929 of 2018 : 3 :

Magistrate Court, Adoor, shall stand quashed.

Sd/-

SUNIL THOMAS
JUDGE

Bb/10/8/2018

[True copy]

P.A to Judge

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