IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
FRIDAY, THE 13TH DAY OF APRIL 2018 / 23RD CHAITHRA, 1940
Crl.MC.No. 2016 of 2018
PENDING AS CC 855/2017 of JUDICIAL FIRST CLASS MAGISTRATE
COURT.-I,KOZHIKODE
CRIME NO. 163/2017 OF PANNIANKARA POLICE STATION ,
KOZHIKODE
PETITIONER(S)/ACCUSED NOS. 1 AND 2
1 RAM C VIJAY
AGED 30 YEARS, S/O. VIJAYAN THIRUVANNUR
PANNIANKARA,KOZHIKODE DISTRICT
2 RAJARAJESWARI G.
AGED 59 YEARS, W/O. VIJAYAN THIRUVANNUR
PANNIANKARA,KOZHIKODE DISTRICT
BY ADVS.SRI.P.V.KUNHIKRISHNAN
SRI.P.V.ANOOP
RESPONDENT(S)/COMPLAINANT STATE:
1. STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031
2. SABNA SASIDHARAN
AGED 28 YEARS, D/O. SASIDHARAN
‘PADMASREE’, MAYANAD DESOM, CHELAVOOR VILLAGE,
KOZHIKODE TALUK
KOZHIKODE DISTRICT, PIN-673 008
R2 BY ADV. SRI.M.P.PRIYESHKUMAR
R1 BY SRI.K.B.UDAYABHANU, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
13-04-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 2016 of 2018 ()
APPENDIX
PETITIONER(S)’ EXHIBITS
ANNEXURE A TRUE COPY OF THE FIR IN CRIME NO. 163/2017 OF
PANNIYANKARA POLICE ALONG WITH THE COMPLAINT
ANNEXURE B FINAL REPORT IN CRIME NO. 163/2017 WHICH IS NOW
PENDING AGAINST THE PETITIONERS AS C.C.N.
855/2017 ON THE FILE OF THE JUDICIAL FIRST CLASS
MAGISTRATE COURT-1, KOZHIKODE
ANNEXURE C AFFIDAVIT SWORN BY THE SECOND RESPONDENT
DATED 28.2.2018.
ANNEXURE-D TRUE COPY OF THE DEMAND DRAFT DATED
05.03.2018.
RESPONDENT(S)’ EXHIBITS NIL
R.AV //TRUE COPY//
PA TO JUDGE
SUNIL THOMAS, J.
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Crl.M.C.No.2016 of 2018
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Dated this the 13th day of April, 2018
ORDER
The petitioners herein stand arrayed as the
accused in Crime No.163/2017 of Panniyankara Police
Station for offences punishable under sections 406 and
498A read with section 34 of the Indian Penal Code.
The matter is now pending as CC.No.855/2017 on the
files of the Judicial First Class Magistrate Court-I,
Kozhikode.
2. The allegation of the prosecution was that
the second respondent herein was subjected to
matrimonial cruelty by the petitioners herein, After
investigation, final report was filed. The petitioners
herein have approached this court contending that the
disputes have now been resolved between the parties
and they have no surviving grievance. An affidavit of
the defacto complainant – second respondent has
Crl.M.C.No.2016 of 2018
2
produced as Annexure-C. The learned counsel for the
petitioners and the learned counsel for the second
respondent submitted that the parties have resolved
their dispute and they have no surviving grievance. It
seems that the statement of the father of the defacto
complainant was recorded, wherein they have
asserted that the matter has been settled. Certain
amounts due as per the settlement has not been
given. The petitioners herein have produced certain
documents today along with an application evidencing
payment of the amount by DD as agreed between the
parties. An affidavit has been filed by the defacto
complainant admitting the receipt of the money.
Having considered these facts, I am inclined to invoke
the jurisdiction under section 482 Cr.P.C, to quash the
entire criminal proceedings.
Hence crl.M.C is allowed. All further proceedings
in CC.No.855/2017 on the files of the Judicial First
Class Magistrate Court-I, Kozhikode in Crime No.
Crl.M.C.No.2016 of 2018
3
Crime No.163/2017 of Panniyankara Police Station,
will stand quashed.
Sd/-
SUNIL THOMAS, JUDGE
R.AV
//True Copy//
PA to Judge
