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Crl.Mc.No. 4530 Of 2018 vs By Adv.Sri.S.Justus on 9 July, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

WEDNESDAY, THE 25TH DAY OF JULY 2018 / 3RD SRAVANA, 1940

Crl.MC.No. 4530 of 2018

AGAINST THE ORDER/JUDGMENT IN CC 125/2009 of J.M.F.C.-II,NEYYATTINKARA
CRIME NO. 135/2008 OF POZHIYOOR POLICE STATION , THIRUVANANDAPURAM

PETITIONER(S)

1 SUNIL KUMAR, S/O.LATE P. SANKARAN,
RESIDING AT PANAYARATHALA MEKARIKATHU PUTHEN VEEDU,
PAZHAYA UCHAKKADA, KARODE, THIRUVANANTHAPURAM
DIST.PIN-695506

2 SANTHOSH S., S/O.LATE P. SANKARAN, AGED 30 YEARS,
RESIDING AT PANAYARATHALA MEKARIKATHU PUTHEN VEEDU,
PAZHAYA UCHAKKADA, KARODE, THIRUVANANTHAPURAM
DIST.PIN-695506

BY ADV.SRI.S.JUSTUS

RESPONDENT(S):

1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM

2. PREESHA S.R., D/O.SAROJAM, AGED 33 YEARS,
RESIDING AT R.S.BHAVAN, THATTARASSEY, KEEZHKOLLA,
VATTAVILA P.O., CHENKAL VILLAGE, NEYYATTINKARA TALUK,
THIRUVANANTHAPURAM DISTRICT.

R2 BY ADV. SRI.JOSE ANTONY
R BY PUBLIC PROSECUTOR:SRI T R RENJITH

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25-07-2018, COURT ON
THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 4530 of 2018 ()

APPENDIX

PETITIONER(S)’ EXHIBITS:

ANNEXURE A1 FINAL REPORT IN C.C.NO.125/2009 ON THE FILE OF JUDICIAL FIRST CLASS
MAGISTRATE COURT-II, NEYYATTINKARA

ANNEXURE A2 AFFIDAVIT FILED BY THE DEFACTO COMPLAINANT DATED 09.07.2018

RESPONDENTS EXHIBITS:NIL

True Copy / P A to Judge

SUNIL THOMAS, J.

Crl.M.C.No.4530 of 2018

Dated this the 25th day of July, 2018

ORDER

Petitioners herein are arrayed as accused Nos.1 to 3 in

Crime No.135 of 2008 of the Pozhiyoor Police Station for offences

punishable under sections 498A and 34 of the Indian Penal Code.

The matter is now pending as C.C.No.125 of 2009 of the Judicial

First Class Magistrate Court-II, Neyyattinkara.

2. It was alleged by the defacto complainant, who is the

second respondent herein, that the first petitioner married her.

Second petitioner is the younger brother of the first petitioner.

Alleging that both the petitioners along with their father, who is the

second accused had harassed her in connection with demand for

dowry, complaint was laid.

3. Pending the criminal proceedings, the parties are stated

to have resolved the separate. As a part of the above settlement,

parties have now decided to give a quietus to the criminal

proceedings. Accordingly, Annexure-A2 affidavit is affirmed by the

second respondent. Learned counsel for the second respondent

acknowledged the due execution of the above affidavit. It was

reported by the learned Public Prosecutor that the second accused
Crl.M.C.4530/18
2

has expired.

4. It seems that, dispute is purely a matrimonial dispute

and larger questions of public importance are not involved.

Learned counsel for the petitioners also acknowledged that the

matter has been settled and statement of the defacto complainant

recorded. Considering these facts, I am inclined to invoke the

jurisdiction under section 482 Cr.P.C to quash the criminal

proceedings.

In the result, Crl.M.C is allowed. All further proceedings

arising from Crime No.135 of 2008 of the Pozhiyoor Police Station

in C.C.No.125 of 2009 of the Judicial First Class Magistrate Court-

II, Neyyattinkara will stand quashed.

Sd/-

SUNIL THOMAS
Judge

Sbna/25/7/18
True Copy / P A to Judge

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