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Crime No. 117/2015 Of Ochira … vs By Advs.Sri.P.Sreekumar on 14 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. 4940 of 2018

C.C.NO. 269/2015 of JUDICIAL FIRST CLASS MAGISTRATE COURT – I,
KARUNAGAPPALLY

CRIME NO. 117/2015 OF OCHIRA POLICE STATION, KOLLAM

PETITIONERS/ACCUSED 1-3
————————
1 BIJU,
S/O.BALAKRISHNAN, 39 YEARS,
PUTHEN KANDATHIL,
CHANGANKULANGARA MURI, OCHIRA P.O.

2 NALINI,
W/O.BALAKRISHNAN, 58 YEARS,
PUTHEN KANDATHIL,
CHANGANKULANGARA MURI, OCHIRA P.O.

3 BINU,
S/O.BALAKRISHNAN, 32 YEARS,
PUTHEN KANDATHIL,
CHANGANKULANGARA MURI, OCHIRA P.O.

BY ADVS.SRI.P.SREEKUMAR
SRI.SOORAJ T.ELENJICKAL
SMT.V.A.HARITHA
SRI.SIDHARTH B PRASAD
SRI.R.NANDAGOPAL
KUM.GAYATHRI MURALEEDHARAN

RESPONDENTS/STATE/VICTIM:

1. STATE OF KERALA
THROUGH THE SUB INSPECTOR OF POLICE,
OCHIRA POLICE STATION, KOLLAM DISTRICT
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031.

2. BINDU,
AGED 34, W/O.BIJU, BIJI BHAVANAM,
RAMANCHERRY MURI, PERUMBALLI POST,
ARATTUPUZHA, ALAPPUZHA – 690565

R1 BY PUBLIC PROSECUTOR SMT.SREEJA.V.
R2 BY ADV. SRI.R.JAYACHANDRAN

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. 4940 of 2018

APPENDIX

PETITIONERS’ ANNEXURES

ANNEXURE A1 CERTIFIED COPY OF THE FINAL REPORT FILED IN FIR
NO.117/2015
ANNEXURE A2 A TRUE COPY OF THE AFFIDAVIT SWORN BY THE 2ND
RESPONDENT DATED 14.07.2018.

RESPONDENTS’ ANNEXURES:
———————–
NIL

//True Copy//

P.A. To Judge
Bb

SUNIL THOMAS, J.
……………………………………………..
Crl.M.C.No.4940 of 2018
………………………………………………
Dated this the 8th day of August, 2018

ORDER

The petitioners are accused in Crime No.117/2015 of

Ochira police station, Kollam, for offences punishable

under Sections 384, 406 and 498A r/w Section 34 of the

Indian Penal Code. The first petitioner had married the

second respondent. The second petitioner is the mother

of the first petitioner and the third petitioner is the

brother of the first petitioner. The grievance of the

second respondent was that, during their matrimonial

relationship, the petitioners demanded more dowry and

harassed her physically and mentally. This led to the

registration of crime. After investigation, final report was

filed and the matter is now pending as C.C.No.269/2015

of the Judicial First Class Magistrate Court-I,

Karunagappally. Pending the proceedings, parties are

stated to have resolved their dispute. Evidencing the

settlement, an affidavit affirmed is produced as Annexure

A2 along with the Crl.M.C. The prayer in the Crl.M.C. is
Crl.M.C.No.4940 of 2018 : 2 :

to quash the proceedings pursuant to the settlement of

the dispute.

2. It was stated by the learned counsel for the

petitioners and the learned counsel for the second

respondent that pursuant to the settlement, joint

application for divorce was granted and is pending

consideration of the Family Court. In the light of the

settlement, I feel that no purpose will be served by

prosecuting the petitioners herein.

Accordingly, this is a fit case for invoking the

jurisdiction under Section 482 Cr.P.C. The Crl.M.C. is

accordingly allowed and all further proceedings in

C.C.No.269/2015 of the Judicial First Class Magistrate

Court-I, Karunagappally, shall stand quashed.

Sd/-

SUNIL THOMAS
JUDGE

Bb/10/8/2018

[True copy]

P.A to Judge

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