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Judgments of Supreme Court of India and High Courts

Crime No. 163/2017 Of Panniankara … vs By Advs.Sri.P.V.Kunhikrishnan on 28 February, 2018

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.
—————————-
Crl.M.C.No.2016 of 2018
————————-
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

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