IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
WEDNESDAY,THE 24TH DAY OF OCTOBER 2018 / 2ND KARTHIKA, 1940
Crl.MC.No. 6409 of 2018
AGAINST THE ORDER/JUDGMENT IN CC 814/2018 of J.M.F.C.,
KOOTHUPARAMBA
CRIME NO. 710/2014 OF KANNAVAM POLICE STATION, KANNUR
PETITIONER/ACCUSED:
DR.P.T.SAMEER,
AGED 43 YEARS, S/O.UMMER,
BISHARA, OPP.DHANALAKSHMI HOSPITAL,
P.O.THANA, KANNUR – 670 012.
BY ADV. SMT.N.SHAMNA
RESPONDENT/STATE/DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM – 682 031.
2 FEBIN YOUSEPH,
AGED 34 YEARS, D/O.YOUSEPH, FEBIN VILLA,
KANNAVAM P.O., THALASSERY THALUK,
PIN – 670 650.
BY ADV. SMT.HARSHA S. NAIR
OTHER PRESENT:
T.R RENJITH PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
24.10.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 6409 of 2018
2
O R D E R
The petitioner had married the 2nd respondent on
21.05.2005. Thereafter, alleging that the
petitioner subjected the de facto complainant to
mental and physical harassment and misappropriated
the gold ornaments entrusted to her, the de facto
complainant laid a complaint. Crime was registered
as Crime No.710/2014 of Kannavam Police Station for
offences punishable under Sections 498A, 406, 420,
468 and 471 of IPC. After investigation final
report was laid and the matter is now pending as
C.C.No.814/2018 of Judicial First Class Magistrate
Court, Koothuparamba.
2. Claiming that the dispute between the
parties have been completely resolved to the
satisfaction of both parties and that they are now
living together, Crl.M.C. is filed. Petitioner
relied on Annexure II affidavit affirmed by the 2nd
respondent reiterating the settlement. This was
Crl.MC.No. 6409 of 2018
3
acknowledged by the learned counsel for the 2nd
respondent.
3. The learned Public Prosecutor on
instructions submitted that instructions have been
given to the Police regarding the settlement.
4. Having considered the nature of allegations
and the resolution now arrived at between the
parties, 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 C.C.No.814/2018 of Judicial First
Class Magistrate Court, Koothuparamba stand quashed.
Sd/-
SUNIL THOMAS, JUDGE
Crl.MC.No. 6409 of 2018
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APPENDIX
PETITIONER’S/S EXHIBITS:
ANNEXURE 1 CERTIFIED COPY OF THE FIR IN CRIME
NO.710/2014 OF KANNAVAM POLICE STATION,
KANNUR DISTRICT.
ANNEXURE 11 AFFIDAVIT DATED 17.9.2018 EXECUTED BY THE
2ND RESPONDENT BEFORE NOTARY PUBLIC.
Pn 27/10
