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Dr.Shamenon.K.C @ Sha Menon @ … vs State Of Kerala on 14 May, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MRS. JUSTICE ANNIE JOHN

TUESDAY, THE 14TH DAY OF MAY 2019 / 24TH VAISAKHA, 1941

Crl.MC.No. 3202 of 2019

CRIME NO. 560/2018 OF PARIYARAM POLICE STATION , Kannur

PETITIONER:

DR.SHAMENON.K.C @ SHA MENON @ SHYAMKUMAR
AGED 47 YEARS
S/O. BALAKRISHNAN NAMBIAR, KIZHUVATT CHALAPPURATH
HOUSE, SHA MANDIRAM, NEAR BALAVADI ROAD, CHERUPUZHA
AMSAM, CHERUPUZHA, KANNUR DISTRICT – 670 511.

BY ADV. SRI.T.B.SHAJIMON

RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, COCHIN – 31.

2 BINDU M. RAVI
D/O. RAVI, MULLUVATH (H), CHERUTHAZHAM, KANNUR
DISTRICT – 670 503.

SMT.M.K.PUSHPALATHA, PP

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
14.05.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 3202 of 2019

2

O R D E R

This Criminal M.C No. 3202/2019 was filed in order to quash

the FIR Crime File 560/2018 of Pariyaram Police Station. The

petitioner is the accused in crime No. 560/2018 of Pariyaram

Police Station. The alleged offences against the petitioner is

that, under Section 403, Section406, Section420 and Section376 of IPC. The petitioner

and defacto complainant are living together as husband and wife

for the last 17 years and in the said matrimonial life, petitioner

had one male child who is studying in the 10 th standard. Prior to

that, defacto complainant was married to one Mr. Jose Varghese.

Out of this wedlock, defacto complainant had one female child

also; she is studying for B.Sc. Nursing. At the time of starting

their relation, both parties were married and defacto

complainant, knowing the fact that the petitioner was married

and father of two children and with the consent, both of them

started living together and had a consent on the part of the

respondent to lead a sexual life. According to the petitioner,
Crl.MC.No. 3202 of 2019

3

there is no question of rape and Section 376 will not be

applicable in this case. When the matter was taken up for

hearing, the petitioner’s counsel submitted that the matter has

been settled between the parties and the defacto complainant,

the 2nd respondent herein has filed a strong statement wherein

the petitioner has affirmed that there are some disputes between

them and accordingly she had filed a criminal case against him

according to Section 498A of IPC. During the said period,

relationship with him was strained. At that time, the brother-in-

law of the petitioner approached her and instigated her to file

the present complaint against the petitioner. It was under his

compulsion the above case was happened to be filed against the

petitioner. After that, she has affirmed that the petitioner was

maintaining her and her son for the past years and she has no

grievances against him regarding any of the offences or

allegations in the complaint on which the above FIR was

registered.

Crl.MC.No. 3202 of 2019

4

2. The sale proceedings of 80 cents of property was

received by her and petitioner never misappropriated the same

and further she has reiterated that the petitioner has never

cheated her and obtained her consent for living together.

Petitioner is still maintaining herself and her child and any

proceedings against the petitioner in connection with the above

case will adversely affect their future. The disputes between

them is settled and she has no more grievances in the matter and

she does not want to prosecute the case further. In this

connection, there was a direction to the Prosecutor to take up

some instructions and the Prosecutor has reported that the matter

has been settled between the parties and due to some financial

problems, the complaint was launched against the petitioner. And

now the entire matter has been settled between them and

Prosecutor has also produced a statement of the victim, wherein

victim has stated that the matter has been settled between the

parties and she does not want to proceed with the case.
Crl.MC.No. 3202 of 2019

5

3. After hearing both sides, and on production of

statement as well as the report and the affidavit of the defacto

complainant, I find that there are no disputes at present between

them; therefore there is no meaning in proceeding with this case

further.

Therefore I am hereby inclined to allow the application for

quashing the FIR No. 560/2018 of Pariyaram Police Station.

Accordingly this Criminal M.C is allowed and the

FIR No. 560/2018 is hereby quashed.

Sd/-

ANNIE JOHN

Nsd JUDGE
//true copy//
PA to Judge
Crl.MC.No. 3202 of 2019

6

APPENDIX
PETITIONER’S EXHIBITS:

ANNEXURE A1 THE COPY OF THE FINAL REPORT.

ANNEXURE A2 THE COPY OF THE BANK RECEIPT.

ANNEXURE A3 THE COPY OF THE AFFIDAVIT FILED BY THE 2ND
RESPONDENT BEFORE THE JFCM PAYYANNUR.

ANNEXURE A4 THE COPY OF THE ORDER IN CR.M.C. /19.

ANNEXURE A5 THE COPY OF THE CR. M.C.795/2019.

ANNEXURE A6 THE AFFIDAVITS OF RESPONDENT NO. 2

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