IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
WEDNESDAY, THE 28TH DAY OF FEBRUARY 2018 / 9TH PHALGUNA,
1939
Crl.MC.No. 888 of 2018
CRIME NO. 2032/2017 OF PANANGAD POLICE STATION ,
ERNAKULAM
PETITIONER(S)/PETITIONERS
1 NIYAS
AGED 25 YEARS, S/O.ABDUL KAREEM,
PERINGHATTU PARAMBIL HOUSE,
NETTOOR, MARADU, PANANGHAD,
ERNAKULAM-682506.
2 NABEESA
AGED 53 YEARS,
W/O.ABDUL KAREEM,
PERINGHATTU PARAMBIL HOUSE,
NETTOOR, MARADU, PANANGHAD,
ERNAKULAM-682506.
3 JAREENA
AGED 26 YEARS, W/O.RIYAS,
PERINGHATTU PARAMBIL HOUSE,
NETTOOR, MARADU, PANANGHAD,
ERNAKULAM-682506.
BY ADVS.SRI.T.B.GAFOOR
SRI.K.MOHAN
RESPONDENT(S)/RESPONDENTS:
1. THE STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM 682031,
THROUGH SUB INSPECTOR OF POLICE,
PANANGAD POLICE STATION,ERNAKULAM-682506.
2. ANSILA
AGED 21 YEARS, D/O.MUHAMMED ASAD,
PULINGANALIL HOUSE, AYAVANA DESOM,
MUVATTUPUZHA, ERNAKULAM-686661.
R2 BY ADV. SRI.M.I.ANWAR SADATH
R1 BY SRI.C.N.PRABHAKARAN, SENIOR PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
28-02-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 888 of 2018 ()
APPENDIX
PETITIONER(S)’ EXHIBITS
ANNEXURE A1 CERTIFIED COPY OF THE FIR IN CRIME NO.2032/17
PANANGAD POLICE STATION, DATED 12/12/2018
ANNEXURE A2 CERTIFIED COPY OF THE FIS IN CRIME NO 2032/17 OF
PANANGAD POLICE STATION, DATED 12/12/2018
ANNEXURE A3 THE TRUE COPY OF AFFIDAVIT FILED BY THE DEFACTO
COMPLAINANT DATED 5/2/2018.
RESPONDENT(S) EXHIBITS NIL
R.AV //TRUE COPY//
PA TO JUDGE
SUNIL THOMAS, J.
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Crl.M.C.No.888 of 2018
—————————
Dated this the 28th day of February, 2018
ORDER
The petitioners are the accused in Crime
No.2032/2017 of Panangad Police Station for offences
punishable under sections 498A, 323, 506(ii) and 34 of
the Indian Penal Code.
2. The first petitioner had married the second
respondent on 10.7.2016. Thereafter, the parties resided
in the matrimonial house. While so, it was alleged that
the husband and his relatives subjected the defacto
complainant to extreme matrimonial cruelty by physical
and mental torture. It is further alleged that on
2.12.2017, the first petitioner herein slapped the defacto
complainant and assaulted her. She laid a complaint
pursuant to which crime was registered and the
investigation has progressed.
3. The petitioners have now approached this court
contending that it was a purely matrimonial dispute, that
the parties have no further grievance against each other
Crl.M.C.No.888 of 2018
2
and that they have resolved all their disputes. Asserting
that the defacto complainant does not propose to pursue
the criminal proceedings, an affidavit has also been
produced by the petitioner herein. The learned counsel
for the petitioner and the learned counsel for the second
respondent relied on Annexure-A3 and submitted that it
was duly executed by the defacto complainant. The
learned counsel for the defacto complainant affirmed that
the defacto complainant has no intention to pursue the
matter further. The learned Public Prosecutor also
endorsed the settlement and submitted that the parties
have no further grievance.
4. After having heard both sides and after perusing
the affidavits, I am satisfied that the dispute is a purely
personal one arising from the matrimonial dispute.
Having considered this, I am inclined to invoke the
jurisdiction under section 482 Cr.P.C and to give
premature termination of the entire proceedings, to meet
the ends of justice.
Crl.M.C.No.888 of 2018
3
Accordingly, Crl.M.C is allowed and all further
proceedings in crime No.2032/2017 of Panangad Police
Station as against the petitioners herein will stand
quashed.
Sd/-
SUNIL THOMAS, JUDGE
R.AV
//True Copy// PA to Judge
