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Crime No. 1373/2015 Of Nallalam … vs By Adv.Sri.R.Ranjith (Manjeri) on 19 June, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

TUESDAY, THE 17TH DAY OF JULY 2018 / 26TH ASHADHA, 1940

Crl.MC.No. 4299 of 2018

IN CC 414/2016 of JUDICIAL FIRST CLASS MAGISTRATE COURT-V,KOZHIKODE

CRIME NO. 1373/2015 OF NALLALAM POLICE STATION, KOZHIKODE

PETITIONERS/ACCUSED:

1 ROHITH M
S/O RATHNAKARAN, MAMIYIL HOUSE, MOORKANAD,
PANTHEERANKAVU, KOZHIKODE DISTRICT.

2 RATHNAKARAN,
F/O ROHITH M, MAMIYIL HOUSE, MOORKANAD,
PANTHEERANKAVU, KOZHIKODE DISTRICT.

3 RATHNAVALLY,
W/O RATHNAKARAN, MAMIYIL HOUSE, MOORKANAD,
PANTHEERANKAVU, KOZHIKODE DISTRICT.

BY ADV.SRI.R.RANJITH (MANJERI)

RESPONDENTS/STATE DEFACTO COMPLAINANT.:

1. THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031-THROUGH
THE SUB INSPECTOR OF POLICE,NALLALAM POLICE STATION,
KOZHIKODE DISTRICT.

2. SUBIJA M.P
D/O BALAKRISHNAN, AGED 28 YEARS,
SREENILAYAM HOUSE, MADUPARAMBA, MUKKOOT, CHIRAYIL PO,
KONDOTTY, MALAPPURAM DISTRICT-673638.

R2 BY ADV. SRI.A.P.NIDHIN KUMAR
R1 BY PUBLIC PROSECUTOR SRI. T.R.RENJITH

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17-07-2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

MSP
Crl.MC.No. 4299 of 2018

APPENDIX

PETITIONER(S)’ ANNEXURES:

ANNEXURE A TRUE COPY OF THE F.I.R IN CRIME NO.1373/2015 OF THE
NALLALAM POLICE STATION.

ANNEXURE B TRUE COPY OF THE CHARGE ALONG WITH
MEMORANDUM OF EVIDENCE IN CRIME NO.1373/2015 OF
THE NALLALAM POLICE STATION.

ANNEXURE C TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE 2ND
RESPONDENT DATED 19.6.2018.

RESPONDENTS ANNEXURES:

NIL

//TRUE COPY//

P.A. TO JUDGE

MSP

SUNIL THOMAS, J.

Crl.M.C No.4299 of 2018

Dated this the 17th day of July, 2018

ORDER

The petitioners are accused in C.C.No.414/2016 of

Judicial First Class Magistrate Court, Kozhikode arising

from Crime No.1373/2015 of Nallalam Police station,

Kozhikode for offences punishable under Section 498A,

420, 406 and 403 read with section 34 of I.P.C.

2. The allegation of the second respondent, is that

the first petitioner had married her on 3.04.2015. While

they were living as husband and wife, the defacto

complainant was subjected to matrimonial cruelty, both

physically and mentally by the petitioners. She laid a

complaint, pursuant to which crime was registered and the

matter is now pending trial.

3. The learned Public Prosecutor submitted that, the

entire disputes between the parties have been settled
Crl.M.C No.4299 of 2018
2

amicably and that the parties are now living separately.

Pursuant to that, Section 13B petition, under the Hindu

Marriage Act, was filed before the concerned court. The

petitioner sought to quash the proceedings. They relied on

Annexure C affidavit affirmed by the second respondent

reiterating the settlement.

4. The learned Public Prosecutor, on instructions,

reported that the parties have now resolved their disputes.

5. Having considered the entire facts, I am inclined

to invoke the jurisdiction under Section 482 of Cr.P.C and

to quash the criminal proceedings.

Crl.M.C is accordingly allowed. All further

proceedings in C.C.No.414/2016 of Judicial First Class

Magistrate Court, Kozhikode stand quashed.

Sd/-

SUNIL THOMAS, JUDGE
ACM

//TRUE COPY//

PA TO JUDGE
Crl.M.C No.4299 of 2018
3

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