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Judgments of Supreme Court of India and High Courts

Jayakumar vs State Of Kerala on 10 October, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE N.ANIL KUMAR

THURSDAY, THE 10TH DAY OF OCTOBER, 2019 / 18TH ASWINA, 1941

Crl.MC.No.6865 OF 2019(G)

[AGAINST CC 922/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS
(TEMPORARY), SASTHAMCOTTA

CRIME NO.678/2010 OF Sooranadu Police Station, Kollam]

PETITIONERS/A1 TO A4:

1 JAYAKUMAR
AGED 48 YEARS
S/O. VIKRAMAN, PUTHEYATH VEEDU, ANGADIKKAL
THEKKAKKARA MURI, ANGADIKKAL VILLAGE, ADOOR THALUK,
PATHANAMTHITTA DISTRICT,PIN-691 555

2 VIKRAMAN,
AGED 72 YEARS
S/O.RAMAN,PUTHEYATH VEEDU, ANGADIKKAL THEKKAKKARA
MURI, ANGADIKKAL VILLAGE, ADOOR THALUK,
PATHANAMTHITTA DISTRICT,PIN-691 555

3 NALINI,
AGED 67 YEARS
D/O. KALYANI,PUTHEYATH VEEDU, ANGADIKKAL THEKKAKKARA
MURI, ANGADIKKAL VILLAGE, ADOOR THALUK,
PATHANAMTHITTA DISTRICT,PIN-691 555

4 VIJAYARAJAN,
AGED 53 YEARS
S/O. SUKUMARAN, RAJ VILLA, KOODAL MURI, KOODAL
VILLAGE, KONNI THALUK, PATHANAMTHITTA DISTRICT,
PIN-689 683

BY ADV. SRI.P.V.DILEEP

RESPONDENTS/COMPLAINANT:

1 STATE OF KERALA
REPRESENTED BY THE PUBIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM

2 SWAPNA, AGED 42 YEARS,
S/O. VIMALA, MAVILAPARAMPIL VEEDU, EDKKADU MURI,
PORUVASHI VILLAGE, KUNNATHOOR THALUK,KOLLAM
DISTRICT,PIN-691 552
CRL.M.C.NO.6865 OF 2019

:-2-:

R2 BY ADV. R.SARATHKRISHNAN

OTHER PRESENT:

PUBLIC PROSECUTOR MR.P N SUMODU

THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON

10.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.M.C.NO.6865 OF 2019

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O R D E R

[Dated this the 10th day of October 2019]

Petitioners are the accused in Crime

No.678/2010 of the Sooranad Police Station, Kollam

District for the offences punishable under Sections

498A read with Section 34 of the Indian Penal Code

(for short ‘the SectionIPC’).

2. The prosecution case is that the petitioners/

accused harassed the second respondent/the de facto

complainant both physically and mentally by demanding

dowry from her. It is further alleged that the

petitioners misappropriated gold ornaments and money

and thereby committed the aforesaid offences.

3. Pursuant to a private complaint filed by the

complainant, the learned Magistrate forwarded the

complaint to the Police for investigation under

Section 156(3) of Cr.P.C. Consequently, Crime

No.678/2010 of Sooranad Police Station was registered

against the accused for the offence punishable under

Section 498A read with Section 34 of IPC. The

investigating officer, after completing the

investigation filed charge sheet against the accused

for the offence under Section 498A of IPC. Upon
CRL.M.C.NO.6865 OF 2019

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receipt of the final report, the learned Magistrate

took cognizance of the offence and issued summons to

the accused. During the pendency of the case, the

second respondent, who is the wife of the first

petitioner, settled the matter out of court and they

decided to live together. Further, the petitioners

and the second respondent had discussed the matter and

decided to settle the case out of court. Evidencing

the same, Annexure B affidavit is filed before this

Court stating that the entire dispute between the

petitioners and second respondent has been settled out

of court and they have no objection whatsoever to

quash the proceedings against the petitioners.

4. On a perusal of the entire facts and

circumstances of the case,this Court is satisfied that

the matrimonial dispute between the parties has been

settled amicably between them and the second

respondent has no objection to close the proceedings

against the petitioners. Under such circumstances, it

is unnecessary to proceed with the trial of the case.

Hence, the entire proceedings in the case arising out

of C.C.No.922/2016 of the Judicial First Class
CRL.M.C.NO.6865 OF 2019

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Magistrate Court (Temporary), Sasthamcotta stands

quashed.

In the result, this Crl.M.C. is allowed

quashing Annexure A final report in Crime No.678/2010

of the Sooranad Police Station in Kollam District and

all subsequent proceedings pursuant to C.C.No.922/2016

before the Judicial First Class Magistrate Court

(Temporary) Sasthamcotta.

Sd/-

N.ANIL KUMAR,
JUDGE

MBS/
CRL.M.C.NO.6865 OF 2019

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APPENDIX
PETITIONER’S EXHIBITS:

ANNEXURE-A A TRUE COPY OF FINAL REPORT IN CRIME
NO.678/2010 OF THE SOORANAD POLICE
STATION IN KOLLAM DISTRICT

ANNEXURE-B AFFIDAVIT FILED BY THE 2ND RESPONDENT

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