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Gayathri Gopan vs The State Of Kerala on 7 December, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

FRIDAY, THE 07TH DAY OF DECEMBER 2018 / 16TH AGRAHAYANA, 1940

Crl.MC.No. 939 of 2018

CRIME NO. 419/2016 OF RAMANKARY POLICE STATION, ALAPPUZHA

PETITIONER/DE FACTO COMPLAINANT:

GAYATHRI GOPAN,
AGED 21 YEARS, D/O.B.GOPAKUMAR,
LANKARA HOUSE, VEZHAPRA KARA, RAMANKARI VILLAGE,
KUTTANAD TALUK, NOW RESIDING AT GOVARDHANAM,
VAZHAPPALLY EAST VILLAGE, VAZHAPPALLY EAST MURI,
CHANGANASSERY TALUK, KOTTAYAM DISTRICT-686103.

BY ADVS.
SRI.K.SHAJ
SRI.C.IJLAL

RESPONDENTS/STATE ACCUSED:

1 THE STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031.

2 AROMAL RAJ
AGED 22 YEARS, S/O.RAJESH,
LANKARA VEETTIL, VEZHAPRA KARA, RAMANKARI VILLAGE,
KUTTANAD TALUK, ALAPPUZHA-689595.

R1 BY SMT SHEEBA K, PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
07.12.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 939 of 2018 2

ORDER

This petition is filed under Section 482 of the Code of

Criminal Procedure (“the Code” for brevity).

2. The petitioner herein is the de facto complainant in

Crime No.419 of 2016 of the Ramankary Police station. The 2 nd

respondent is the accused in the aforesaid crime.

3. While the petitioner herein was studying for the MBBS

Course at Medical College, Kannur, she fell in love with the 2 nd

respondent. Without the knowledge or consent of her family

members, they stealthily got married at a temple and they

started living together as husband and wife. In course of time,

their relationship became strained and they fell apart. When he

started mentally and physically harassing the petitioner, she

approached the police and lodged a statement based on which,

the instant crime was registered under Sections 498A and 323

of the IPC.

4. While the criminal proceedings were pending, the

petitioner herein approached the Family Court and filed a
Crl.MC.No. 939 of 2018 3

petition seeking dissolution of marriage. The said petition was

allowed by the Family Court and a decree was granted in her

favour. She then got married to another man and started a new

life. She has now approached this Court seeking for the

quashing of criminal proceedings so as to enable her to live her

life in peace and quiet.

5. The learned Public Prosecutor, on instructions,

submitted that the 2nd respondent is a person with questionable

antecedents. It is further submitted that the fact that the

petitioner herein had married some other man and had obtained

divorce have come out during the investigation. As no public

interest is involved, the State has no serious objection is the

submission.

6. I have considered the submissions advanced.

7. In the instant case, the de facto complainant herself

has approached this Court to quash the proceedings which has

been initiated by her. Notice was issued to the 2 nd respondent

and the same has been served. However, he has not appeared
Crl.MC.No. 939 of 2018 4

before this Court and objected to the prayer. I am of the firm

view that the continuance of the instant proceedings will only

result in abuse of process. I am of the view that this is a fit case

in which, this Court will be justified in invoking its inherent

powers under section 482 to quash the proceedings.

In the result, this petition will stand allowed. Annexure-A2

FIR in Crime No.419 of 2016 of the Ramankary Police Station

and all proceedings pursuant thereto against the 2nd respondent

are quashed.

SD/-

RAJA VIJAYARAGHAVAN V.,
JUDGE
DSV/-

//TRUE COPY// P.A. TO JUDGE
Crl.MC.No. 939 of 2018 5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 THE TRUE COPY OF C.M.P.NO.2407/2016 DATED
20.04.2016 FILED BY THE PETITIONER BEFORE
THE HON’BLE JUDICIAL FIRST CLASS
MAGISTRATE COURT, RAMANKARI.

ANNEXURE A2 THE TRUE COPY OF THE FIRST INFORMATION
REPORT NO.419/2016 DATED 06.07.2016 OF
RAMANKARY POLICE STATION.

ANNEXURE A3 THE TRUE COPY OF THE DECREE DATED
30.11.2016 PASSED BY THE HON’BLE FAMILY
COURT, ALAPPUZHA.

RESPONDENT’S/S EXHIBITS:

NIL

//TRUE COPY//

P.A.TO JUDGE
Crl.MC.No. 939 of 2018 6

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