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Crime No. 312/2013 Of Cherpu … vs By Adv.Smt.M.R.Jayalatha on 19 May, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

WEDNESDAY, THE 6TH DAY OF JUNE 2018 / 16TH JYAISHTA, 1940

Crl.MC.No. 3136 of 2018

PENDING AS CC 1719/2013 of JUDICIAL FIRST CLASS MAGISTRATE
COURT-I,THRISSUR

CRIME NO. 312/2013 OF CHERPU POLICE STATION , TRISSUR

PETITIONER(S)/ACCUSED 1 TO 3

1 PRAJEESH,
AGED 40 YEARS, S/O. A.V. VIJAYAN, ATTUVALAPPIL HOUSE,
PALAKKAL, PALLISSERY P.O., THRISSUR DISTRICT.

2 A. V. VIJAYAN,
S/O. VELAYUDHAN, AGED 70 YEARS, ATTUVALAPPIL HOUSE,
PALAKKAL, PALLISSERY P.O., THRISSUR DISTRICT.

3 SUBHADRA K. V.,
AGED 64 YEARS, W/O. A.V. VIJAYAN, ATTUVALAPPIL HOUSE,
PALAKKAL, PALLISSERY P.O., THRISSUR DISTRICT.

BY ADV.SMT.M.R.JAYALATHA

RESPONDENT(S)/COMPLAINANT/STATE :

1. SAJANA,
AGED 30 YEARS, D/O. VIJAYAN, MOOTHERI HOUSE, CHENTHRAPPINI
DESAOM, CHENTRAPINI VILLAGE, NOW RESIDING AT W/O.
PRAJEESH, ATTUVALAPPIL HOUSE, PALAKKAL, PALLISSERY P.O.,
THRISSUR DISTRICT-680007.

2. SUB INSPECTOR OF POLICE,
CHERPPU POLICE STATION, CHERPU P.O., THRISSUR-680561.

3. STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, COCHIN-682031.

R1 BY ADV. SRI.A.P.VASAVAN
R2 3 BY PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06-06-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 3136 of 2018 ()

APPENDIX

PETITIONER(S)’ EXHIBITS

ANNEXURE A1 A CERTIFIED COPY OF THE F.I.R IN CRIME NO.312/2013
ON THE FILES OF THE CHERPU POLICE STATION.

ANNEXURE A2 A CERTIFIED COPY OF THE FINAL REPORT IN
C.C.NO.1719/2013 ON THE FILES OF THE JFCM COURT-I,
THRISSUR.

ANNEXURE A3 THE ORIGINAL AFFIDAVIT DATED 19.5.2018 SWORN BY
THE 1ST RESPONDENT.

RESPONDENT(S)’ EXHIBITS NIL

R.AV //TRUE COPY//

PA TO JUDGE

SUNIL THOMAS, J
————————-
Crl.M.C.No. 3136 of 2018
———————————-
Dated this the 6th day of June, 2018

ORDER

The first respondent is the wife of the first

petitioner. They got married on 30.11.2008. The

petitioners are arrayed as accused Nos.1 to 3, in

Crime No.312/2013 of Cherpu Police Station on an

allegation that they subjected the first respondent to

matrimonial cruelty. After investigation, final report

was laid alleging offences punishable under sections

498A and 34 of the Indian Penal Code and the matter

is now pending as CC.No.1719/2013 on the files of the

Judicial First Class Magistrate Court-I, Thrissur. All

the accused are now called upon to face the trial. In

the meanwhile, the Crl.M.C is laid on a premise that

the parties discussed their dispute and got it resolved

among themselves. An affidavit in support of the

settlement is filed by the petitioners herein as

Annexure-A3. The learned counsel for the first

respondent acknowledged that the above affidavit
Crl.M.C.No. 3136 of 2018
2

was duly executed by her acknowledging the

settlement. It was also clarified that she has no

objection in quashing the criminal proceedings. Both

sides submitted that the parties have resumed their

matrimonial relationship and are living together. The

learned Public Prosecutor endorsed this pursuant to the

instructions given by the police to the effect that the

defacto complainant has given a statement

acknowledging the settlement.

3. Evidently, facts disclose a valid settlement of

matrimonial dispute. It is clear that no purpose will be

served by prosecuting the petitioners herein especially

in the light of the settlement. The legal position is that

the matrimonial proceedings shall be terminated

prematurely if both parties have resolved it. Hence, I

am inclined to invoke the jurisdiction under section 482

Cr.P.C to quash the criminal proceedings.

Crl.M.C is accordingly allowed. All further

proceedings in CC.No.1719/2013 on the files of the

Judicial First Class Magistrate Court, Thrissur, arising
Crl.M.C.No. 3136 of 2018
3

from Crime No.312/2013 of Cherpu Police Station as

against the petitioners herein will stand quashed.

Sd/-

SUNIL THOMAS, JUDGE
R.AV

//True Copy//

PA to Judge

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