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Crime No. 1392/2013 Of Kundara … vs By Adv.Sri.C.Rajendran on 3 February, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

FRIDAY, THE 9TH DAY OF MARCH 2018 / 18TH PHALGUNA, 1939

Crl.MC.No. 1209 of 2018

CC 1789/2014 of J.M.F.C.-II, KOLLAM

CRIME NO. 1392/2013 OF KUNDARA POLICE STATION , KOLLAM

PETITIONER(S)/ACCUSED

1 ANIL KUMAR,
S/O RAMANKUTTY,KALLUVILA PUTHAN VEEDU,
NEDUMBANA VILLAGE,NALLILA.P.O,KOLLAM.

2 SANTHOSHKUMAR,
S/O.RAMANKUTTY,KALLUVILA PUTHAN VEEDU,
NEDUMBANA VILLAGE,NALLILA.P.O,KOLLAM.

3 RAMANKUTTY,
KALLUVILA PUTHAN VEEDU,
NEDUMBANA VILLAGE,NALLILA.P.O,KOLLAM.

4 LAKSHMIKUTTY,
W/O.RAMANKUTTY,KALLUVILA PUTHAN VEEDU,
NEDUMBANA VILLAGE,NALLILA.P.O,KOLLAM.

BY ADV.SRI.C.RAJENDRAN

RESPONDENT(S)/STATE/DEFACTO COMPLAINANT:

1. STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,ERNAKULAM-682031.

2. LEKHA,
D/O INDIRA,LEKHA SADANAM,KEDAKULAM,
ELAKAMAN,VARKALA-695310.

R2 BY ADV. SRI.B.K.GOPALAKRISHNAN
R BY PUBLIC PROSECUTOR SRI.T.R. RANJITH

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09-03-2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 1209 of 2018 ()

APPENDIX

PETITIONER(S)’ EXHIBITS

ANNEXURE A1 A TRUE PHOTOCOPY OF THE FIR IN CRIME NO.1392/2013
OF THE KUNDARA POLICE STATION

ANNEXURE A2 A TRUE PHOTOCOPY OF THE FINAL REPORT IN CC
NO:1789/2014 OF JUDICIAL FIRST CLASS MAGISTRATE
COURT-I,KOLLAM

ANNEXURE A3 ORIGINAL COPY OF THE AFFIDAVIT OF THE
DEFACTO-COMPLAINANT DATED 03.02.2018.

TRUE COPY

P.S. TO JUDGE.

acd

SUNIL THOMAS, J.
——————————————-
Crl.M.C.No.1209 of 2018
———————————————-
Dated this the 9th day of March, 2018

ORDER

The petitioners are the accused in Crime No.1392/2013, which is

now pending as C.C.No.1789/2014 of Judicial First Class Magistrate

Court-II, Kollam for offences punishable u/s.498A,323, 294(b) and 34 IPC.

The criminal proceedings were initiated at the instance of the 2 nd

respondent herein, who alleged that the she was subjected to matrimonial

cruelty by the 1st petitioner, her husband, who had married her on

17.12.2012 with the connivance of the relatives, who are the remaining

petitioners herein. It was further alleged that they had misappropriated

her gold ornaments and the properties entrusted at the time of marriage.

Pursuant to the crime registered, investigation was conducted and final

report was laid.

2. The petitioners have approached this Court contending that,

pending the proceedings, friends and relatives of the petitioners have

intervened and they have amicably settled all the disputes. To

substantiate it, the learned counsel for the petitioners and the learned

counsel for the respondents relied on Annexure-A3 affidavit executed by

the 2nd respondent affirming the settlement. The learned Public
Crl.M.C.No.1209/2018 2

Prosecutor also submitted that the matter has been settled and

instructions have been received by the Police. Having considered the

affidavit filed by the party and also the fact that essentially the

dispute arises from a matrimonial dispute, I feel that this is a strictly

personal matter without involvement of any larger question of public

importance. Hence, I am inclined to invoke the jurisdiction u/s.482

Cr.P.C and to quash the entire proceedings.

Accordingly, Crl.M.C is allowed and all further proceedings in

C.C.No.1789/2014 of Judicial First Class Magistrate Court-II, Kollam

shall stand quashed.

Sd/-

SUNIL THOMAS, JUDGE.

acd

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