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
