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
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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
