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
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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