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Crime No. 137/2018 Of Perumbavoor … vs By Adv.Sri.Mansoor.B.H on 12 May, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

FRIDAY, THE 8TH DAY OF JUNE 2018 / 18TH JYAISHTA, 1940

Crl.MC.No. 3255 of 2018

CRIME NO. 137/2018 OF PERUMBAVOOR POLICE STATION ,
ERNAKULAM

PETITIONER(S)/ACCUSED

1 SABIK, S/O.SAGEER, PULIKKOTTIL HOUSE,
MADAVANA, ERIYAD, KODUNGALLUR, THRISSUR DISTRICT.

2 ASMABI, W/O.SAGEER,
PULIKKOTTIL HOUSE,
MADAVANA, ERIYAD, KODUNGALLUR, THRISSUR DISTRICT.

BY ADV.SRI.MANSOOR.B.H.

RESPONDENT(S)/STATE DEFACTO COMPLAINANT:

1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, REPRESENTING THROUGH
STATION HOUSE OFFICER, PERUMBAVOOR POLICE STATION,
ERNAKULAM DIST.

2. ZUVAIBATHUL ASLAMIYA, D/O.SALMAN FAISI,
THARAYIL VEETTIL, PALLIPURAM,
MARAMBILLI VILLAGE, KUNNATHUNADU TALUK,
ERNAKULAM DISTRICT.

R2 BY ADV. SRI.B.H.ANSIL
R1 BY PUBLIC PROSECUTOR SMT.V.SREEJA

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
08-06-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 3255 of 2018 ()

APPENDIX

PETITIONER(S)’ EXHIBITS

ANNEXURE A COPY OF THE F.I.R. AND F.I.S IN CRIME NO.137/2018 OF
PERUMBAVOOR POLICE STATION.

ANNEXURE B A AFFIDAVIT OF SECOND RESPONDENT DATED 12/05/2018.

RESPONDENT(S)’ EXHIBITS NIL

R.AV //TRUE COPY//

PA TO JUDGE

SUNIL THOMAS, J
————————-
Crl.M.C.No.3255 of 2018
———————————-
Dated this the 8th day of June, 2018

ORDER

The petitioners are the accused in Crime

No.137/2018 of Perumbavoor Police Station for

offences punishable under sections 498A read with

section 34 of the Indian Penal Code.

2. The allegation of the second respondent

defacto complainant is that the petitioner herein, who

is her husband had subjected her to matrimonial

cruelty. There is a further allegation that the second

petitioner, who is the mother of the first petitioner had

also committed acts of cruelty. On the basis of the

complaint lodged, crime was registered and

investigation is progressing. In the meanwhile, the

parties are stated to have resolved their dispute.

According to the petitioners herein, pending the

criminal proceedings, mediators intervened. They

have discussed the disputes and resolved the dispute.

Consequently, the matrimonial relationship has been
Crl.M.C.No.3255 of 2018
2

terminated. The learned counsel for the petitioners

and the learned counsel for the second respondent

relied on Annexure-B affidavit, affirmed by the defacto

complainant, reiterating the settlement. The learned

Public Prosecutor also submitted that the statement of

the defacto complainant has been recorded, wherein

she has referred to the settlement arrived at between

the parties. Having considered these facts, I am

inclined to invoke the jurisdiction under section 482

Cr.P.C to quash the entire criminal proceedings since

the issue essentially arises out of a matrimonial

dispute, which has now been resolved.

Accordingly Crl.M.C is allowed. All further

proceedings in Crime No.137/2018 of Perumbavoor

Police Station as against the petitioner herein stand

quashed.

Sd/-

SUNIL THOMAS, JUDGE
R.AV

//True Copy//

PA to Judge

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