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Judgments of Supreme Court of India and High Courts

Crime No. 159/2017 Of Manjeri … vs By Adv.Sri.R.Ranjith (Manjeri) on 2 February, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

TUESDAY, THE 13TH DAY OF MARCH 2018 / 22ND PHALGUNA, 1939

Crl.MC.No. 1260 of 2018
—————–
CRIME NO. 159/2017 OF MANJERI POLICE STATION , MALAPPURAM DISTRICT.
————————

PETITIONER(S)/ACCUSED

1 SUDHEER V.A.,
S/O. JAMAL, VALIYAKATH HOUSE, PATTARKULAM, KOORIYADU,
MANJERI, MALAPPURAM DISTRICT.

2 JAMAL V. A.,
S/O. ABBAS, VALIYAKATH HOUSE, PATTARKULAM, KOORIYADU,
MANJERI, MALAPPURAM DISTRICT.

3 SAFIA A. N.,
W/O. JAMAL, VALIYAKATH HOUSE, PATTARKULAM, KOORIYADU,
MANJERI, MALAPPURAM DISTRICT.

4 SHEMY NASEER,
D/O. JAMAL, VALIYAKATH HOUSE, PATTARKULAM, KOORIYADU,
MANJERI, MALAPPURAM DISTRICT.

BY ADV.SRI.R.RANJITH (MANJERI).

RESPONDENT(S)/STATE DE FACTO COMPLAINANT :

1. THE STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, KOCHI-682031-THROUGH THE SUB
INSPECTOR OF POLICE, OTTAPALAM POLICE STATION, PALAKKAD
DISTRICT- 679 101.

2. SHAMNA K. M.,
D/O. MUHAMMEDALI, AGED 34 YEARS, KARIPPAKULAML HOUSE,
KADALAYI, KONATHUKUNNU, KARUMATHRA P.O.,
MUKUNTHAPURAM TALUK, THRISSUR DISTRICT- 680 123.

R1 BY SENIOR PUBLIC PROSECUTOR C.N.PRABHAKARAN.
R2 BY ADV. SRI.A.P.NIDHIN KUMAR.

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13-03-2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

DXY
Crl.MC.No. 1260 of 2018 ()

APPENDIX

PETITIONER(S)’ EXHIBITS

ANNEXURE A TRUE COPY OF THE F.I.R IN CRIME NO. 159/2017 OF THE
MANJERI POLICE STATION.

ANNEXURE B TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE 2ND
RESPONDENT DATED 2.2.2018.

RESPONDENT(S)’EXHIBITS: NIL

\TRUE COPY\

PA TO JUDGE

DXY

SUNIL THOMAS, J
————————————–
Crl.M.C.No. 1260 of 2018
——————————————————-
Dated this the 13th day of March, 2018

ORDER

The petitioners herein are the accused in Crime No.

159/2017 of the Manjeri Police Station, Malappuram District,

punishable under Sections 498A, 313, 406 r/w Section 34 of IPC.

2. The prosecution allegation is that the 1 st petitioner

married the 2nd respondent on 30.09.2001. Thereafter, they

were living together as husband and wife. The second petitioner

is the father, the 3rd petitioner is the mother and the 4th petitioner

is the sister of the 1st petitioner respectively.

3. It is stated that during the matrimonial relationship,

the petitioners herein harassed the defacto complainant mentally

and physically, complaining inadequacy of gold ornaments and

money given at the time of marriage. She laid an FIS, alleging

cruelty and crime was registered as Crime.No. 159/2017 of

Manjery Police Station. Investigation is progressing.
Crl.M.C.No. 1260 of 2018

-::2::-

4. According to the petitioners herein, during the

investigation, the parties discussed the matter and they have

settled the entire dispute. Acknowledging the evidence, an

affidavit has been filed as Annexure-B by the petitioner, stating

that it is executed by the 2nd respondent.

5. The learned counsel for the 2nd respondent

acknowledged the due execution of the above affidavit and

submitted that the parties have resolved their dispute. It is

stated that the parties have legally ended their matrimonial

relationship.

6. The learned Public Prosecutor submitted that the

parties have resolved their dispute and that the statement of the

defacto complainant has been recorded.

7. Having considered the fact that the dispute arises

from a matrimonial discord and that the parties have settled

their dispute, I am inclined to invoke the jurisdiction under

Section 482 Cr.P.C in accordance with the legal principles that
Crl.M.C.No. 1260 of 2018

-::3::-

matters of domestic relationship can be quashed on settlement.

Accordingly, this Crl.M.C is allowed and all further

proceedings in Crime.No. 159/2017, stand quashed.

Sd/-

SUNIL THOMAS,
JUDGE

\True Copy\

PA to Judge
Dxy

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