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Crime No.738/2016 Of Hemambika … vs By Adv.Sri.Nireesh Mathew on 22 February, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

WEDNESDAY, THE 14TH DAY OF MARCH 2018 / 23RD PHALGUNA, 1939

CRL.MC.NO. 1333 OF 2018
———————–

AGAINST THE ORDER/JUDGMENT IN CC 249/2017 OF J.M.F.C.-III, PALAKKAD

CRIME NO.738/2016 OF HEMAMBIKA NAGAR POLICE STATION, PALAKKAD

PETITIONERS/ACCUSED NOS. 1 TO 3
———————————

1 SANGEETH RAJ,
AGED 32 YEARS, S/O. JAYARAJAN, AMRUTHA NIVAS,
AKKARAPARAMBU, KOTTAYI (P.O.), PALAKKAD DISTRICT,
PIN-678572.

2 SANTHA KUMARI,
AGED 63 YEARS, W/O. JAYARAJAN, AMRUTHA NIVAS,
AKKARAPARAMBU, KOTTAYI (P.O.), PALAKKAD DISTRICT,
PIN-678572.

3 JAYARAJAN,
AGED 67 YEARS, AMRUTHA NIVAS, AKKARAPARAMBU, KOTTAYI
(P.O.), PALAKKAD DISTRICT, PIN-678572.

BY ADV.SRI.NIREESH MATHEW

RESPONDENTS/STATE DE FACTO COMPLAINANT :
——————————————

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

2. VANNDANA MENON,
AGED 29 YEARS, D/O. SANKARAN, VADAKKETHARA, AKATHETHARA
(P.O.), ALATHUR TALUK, PALAKKAD DISTRICT, PIN-678008.

R2 BY ADVS. SRI.K.V.VINOD (CHERAI)
SRI.VIVEK VENUGOPAL
R1 BY SR.PUBLIC PROSECUTOR SHRI.AMJAD ALI

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14-03-2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
:2:

Crl.MC.No. 1333 of 2018 ()
————————–

APPENDIX

PETITIONERS’ ANNEXURES
———————–

ANNEXURE A TRUE PHOTOCOPY OF THE FINAL REPORT IN C.C. NO.
249/2017 ON THE FILE OF THE JUDICIAL FIRST
MAGISTRATE COURT-III, PALAKKAD.

ANNEXURE B ORIGINAL OF THE AFFIDAVIT DATED 22.02.2018 SWORN
TO BY THE 2ND RESPONDENT.

RESPONDENTS’ EXHIBITS: NIL
———————

//TRUE COPY//

vgd/15.03.18 PA TO JUDGE

SUNIL THOMAS, J.
—————————————-
Crl.M.C.No.1333 of 2018
—————————————-
Dated this the 14th day of March, 2018

ORDER

The petitioners stand arrayed as accused Nos.1 to

3 in C.C.No.249/2017 pending before the JFMC-III, Palakkad

for offences punishable under Section 498A read with

Section 34 IPC. The prosecution alleged that, after the

marriage of the 1st petitioner with the defacto complainant

on 04.11.2011, the defacto complainant was subjected to

physical and mental cruelty by accused Nos.1 to 3

demanding more dowry. Crime was registered as Crime

No.738/2016 of Hemambika Nagar Police Station and

investigation proceeded. Final report was laid and the

matter is pending as C.C.No.249/2017. The petitioners now

contend that with the intervention of the well-wishers of the

petitioners and the 2nd respondent, the dispute between

them have been mediated upon and settled. It is stated

that all the disputes between the parties are sorted out.
Crl.M.C.No.1333 of 2018
2

They are living separately also. Acknowledging this

settlement, an affidavit has been affirmed as Annexure-B by

the 2nd respondent and produced by the petitioners herein

along with the Crl.M.C.

2. The learned counsel for the petitioners and the

learned counsel for the contesting respondent No.2

submitted that the parties have resolved their dispute and

they do not propose to pursue the criminal proceedings.

3. The learned Public Prosecutor also submitted that

the parties have resolved their dispute and that they do not

have any intention to pursue the criminal proceedings.

Accordingly, this is taken note of and in conformity with the

settled legal principles, I am inclined to invoke the

jurisdiction under Sec.482 Cr.P.C to quash the entire

criminal proceedings. Crl.M.C is accordingly allowed.

Sd/-

SUNIL THOMAS
JUDGE

vgd/15.03.2018

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