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Dr.P.T.Sameer vs State Of Kerala on 24 October, 2018

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

4

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

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