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Crime No. 618/2015 Of … vs By Advs.Sri.S.Justus on 12 June, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

FRIDAY, THE 29TH DAY OF JUNE 2018 / 8TH ASHADHA, 1940

Crl.MC.No. 3824 of 2018

PENDING AS CC 102/2016 of JUDICIAL FIRST CLASS MAGISTRATE
COURT, KATTAKADA

CRIME NO. 618/2015 OF VILAPPILSSALA POLICE STATION ,
THIRUVANANDAPURAM

PETITIONER(S)/ACCUSED NOS.1 TO 3

1 ANILKUMAR,
S/O.SOMAN, AGED 36 YEARS, RESIDING AT ANIL NIVAS, KULUMALA,
VELLAIKADAVU, PULIYARAKONAM P.O., THIRUVANANTHAPURAM
DISTRICT.

2 SOMAN,
S/O.NARAYANAN NADAR, AGED 59 YEARS, RESIDING AT ANIL
NIVAS, VELLAIKADAVU, PULIYARAKONAM P.O.,
THIRUVANANTHAPURAM DISTRICT.

3 SAROJINI,
W/O.SOMAN, AGED 51 YEARS, RESIDING AT ANIL NIVAS,
VELLAIKADAVU, PULIYARAKONAM P.O., THIRUVANANTHAPURAM
DISTRICT.

BY ADVS.SRI.S.JUSTUS
SMT.ARYA HARSHAN

RESPONDENT(S)/STATE AND DEFACTO COMPLAINANT:

1. STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN-682031.

2. SHARANYA,
D/O.SREEKUMARI, AGED 29 YEARS, RESIDING AT SHARANYA
BHAVAN, KODUNGANOOR, VELLAIKADAVU, VATTIYOORKAVU
VILLAGE, THIRUVANANTHAPURAM TALUK,
THIRUVANANTHAPURAM DISTRICT.

R2 BY ADV. SRI.L.SATHEESH
R1 BY PUBLIC PROSECUTOR SRI.V.SREEJA

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
29-06-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 3824 of 2018 ()

APPENDIX

PETITIONER(S)’ EXHIBITS

ANNEXURE A1- FINAL REPORT IN C.C.NO.102/2016 ON THE FILE OF THE
JUDICIAL FIRST CLASS MAGISTRATE COURT,
KATTAKADA.

ANNEXURE A2- AFFIDAVIT FILED BY THE DEFACTO COMPLAINANT
DATED 12/06/2018.

RESPONDENT(S)’ EXHIBITS NIL

R.AV //TRUE COPY//

PA TO JUDGE

SUNIL THOMAS, J
————————-
Crl.M.C.No.3824 of 2018
———————————-
Dated this the 29th day of June, 2018

ORDER

The petitioners herein are the accused Nos.1 to 3

in CC.No.102/2016 on the files of the Judicial First

class magistrate Court, Kattakada, arising from Crime

No.618/2015 of Vilapilsala Police Station for offences

punishable under sections 498A, 294(b) and 34 of the

Indian Penal Code.

2. The first petitioner had married the second

respondent – defacto complainant. While they were

living together, misunderstanding arose, leading to

matrimonial dispute. Alleging that she was tortured

by the petitioners herein, who are the husband and in-

laws, she laid a complaint resulting in the registration

of the crime. After investigation, final report was laid.

Contending that the disputes are now settled and that

the parties are living separately pursuant to the

divorce granted by the Family Court in

OP.No.370/2016, Crl.M.C is laid for quashing the
Crl.M.C.No.3824 of 2018
2

criminal proceedings. An affidavit has been affirmed

by the second respondent and produced by the

petitioners along with the Crl.M.C acknowledging the

settlement. The learned counsel for the petitioners

and the learned counsel for the second respondent

submitted that parties have resolved their dispute.

The learned Public prosecutor also endorsed this on

the basis of the instructions given by the investigating

agency. Having considered the fact that the dispute is

essentially one in the nature of a private dispute,

arising from a matrimonial discord, I am inclined to

invoke the jurisdiction under section 482 Cr.P.C and to

quash the entire criminal proceedings.

Accordingly, Crl.M.C is allowed. All further

proceedings in CC.No.102/2016 on the files of the

judicial First Class Magistrate Court, Kattakkada,

arising from Crime No. No.618/2015 of Vilapilsala

Police Station as against the petitioners herein stand

quashed. Sd/-

SUNIL THOMAS, JUDGE
R.AV //True Copy// PA to Judge

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