IN THE HIGH COURT OF KERALA AT ERNAKULAM
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
1 ANIL KUMAR,
S/O RAMANKUTTY,KALLUVILA PUTHAN VEEDU,
S/O.RAMANKUTTY,KALLUVILA PUTHAN VEEDU,
KALLUVILA PUTHAN VEEDU,
W/O.RAMANKUTTY,KALLUVILA PUTHAN VEEDU,
1. STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,ERNAKULAM-682031.
D/O INDIRA,LEKHA SADANAM,KEDAKULAM,
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 ()
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
ANNEXURE A3 ORIGINAL COPY OF THE AFFIDAVIT OF THE
DEFACTO-COMPLAINANT DATED 03.02.2018.
P.S. TO JUDGE.
SUNIL THOMAS, J.
Crl.M.C.No.1209 of 2018
Dated this the 9th day of March, 2018
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
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.
SUNIL THOMAS, JUDGE.