IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
FRIDAY, THE 15TH DAY OF SEPTEMBER 2017/24TH BHADRA, 1939
Crl.MC.No. 6066 of 2017 ()
—————————
AGAINST THE ORDER/JUDGMENT IN CP 17/2017 of J.M.F.C.-I,
PATHANAMTHITTA
CRIME NO. 1085/2016 OF KOODAL POLICE STATION , PATHANAMTITTA
PETITIONER(S):
————-
JOSE VARGHESE,
AGED 42 YEARS, S/O.GEEVARGHESE PAPPAN,
ARIVANNOOR VEEDU, NEDUMANKAVU P.O., KOODAL VILLAGE,
ADOOR, PATHANAMTHITTA DISTRICT.
BY ADVS.SRI.S.RAJEEV
SRI.K.K.DHEERENDRAKRISHNAN
SRI.V.VINAY
SRI.D.FEROZE
RESPONDENT(S):
————–
1. STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031
(CRIME NO.1085/2016N OF KOODAL POLICE STATION,
PATHANAMTHITTA DISTRICT)
2. MAYA K.BABY,
AGED 39 YEARS, W/O.JOSE VARGHESE, ARIVANNOOR HOUSE,
NEDUMANCAVU P.O., KOODAL VILLAGE, KONNI TALUK,
PATHANAMTHITTA DISTRICT-689693.
R2 BY ADV. SRI.VINOD KUMAR.C
R BY PUBLIC PROSECUTOR:SMT M K PUSHPALATHA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
15-09-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 6066 of 2017 ()
APPENDIX
PETITIONER(S)’ EXHIBITS
ANNEXURE I- CERTIFIED COPY OF THE FINAL REPORT WHICH IS NOW
PENDING AS CP. NO.17/2017 ON THE FILE OF THE JFCM-I,
PATHANAMTHITTA.
ANNEXURE II- NOTARIZED AFFIDAVIT SW0RN BY THE SECOND RESPONDENT
DATED 14/08/2017.
RESPONDENT(S)’ EXHIBITS:NIL
True Copy / P A to Judge
SUNIL THOMAS, J.
Crl.M.C.Nos.6066 and 6083 of 2017
Dated this the 15th day of September, 2017
COMMON ORDER
These Crl.M.Cs arise from Crime No.1085 of 2016 of
Koodal Police Station for offences punishable under sections 294,
324, 498A, 308 and 323 of the Indian Penal Code and Crime
No.1055 of 2015 of Koodal Police Station for offences punishable
under sections 498A r/w 34 of the Indian Penal Code.
2. In Crime No.1085 of 2016, the allegation of the second
respondent herein is that, after her marriage with the petitioner,
she was subjected to matrimonial cruelty. Complaint was laid and
crime was registered. After investigation, final report was laid. The
matter is now pending as C.P.No.17 of 2017 of Judicial First Class
Magistrate Court-I, Pathanamthitta. In Crime No.1055 of 2015,
the allegation of the second respondent, who is the de facto
complainant is that the first petitioner, who is her husband, along
with the second and third petitioners, who are the father and sister
of the petitioner therein had subjected her to matrimonial cruelty.
After investigation, final report was laid and the matter is now
pending as C.P.No.438 of 2016 before the Judicial First Class
Magistrate Court-I, Pathanamthitta.
3. Accused have preferred these Crl.M.Cs on a premise
that the dispute with the de facto complainant have been resolved
Crl.M.C.6066 and 6083/17 2
to the satisfaction of the de facto complainant and both parties are
now living together as husband and wife. It was stated that, in the
light of the above settlement, further proceedings may be quashed.
4. Learned counsel for the petitioners relied on Annexure-
A2 affidavit filed separately in both cases reiterating the settlement.
Learned counsel for the de facto complainant referred to the above
affidavits and asserted that the matters have been settled to the
satisfaction of the de facto complainant. It was also asserted that
they are now living together. Learned Public Prosecutor on
instructions submitted that the parties have resolved their dispute.
5. Essentially, this dispute arises from a matrimonial
disharmony. The parties have resolved the dispute to their
satisfaction. Hence, I feel that it is just and proper to invoke the
jurisdiction under section 482 Cr.P.C. Accordingly, Crl.M.C is
allowed.
In the result, Crl.M.Cs are allowed. All further
proceedings in C.P.No.17 of 2017 of Judicial First Class Magistrate
Court, Pathanamthitta arising from Crime No.1085 of 2016 of
Koodal Police Station and C.P.No.438 of 2016 before the Judicial
First Class Magistrate Court-I, Pathanamthitta arising from Crime
No.1055 of 2015 of Koodal Police Station stand quashed.
Sd/-
SUNIL THOMAS
Judge
Sbna/14/9/17
True Copy / P A to Judge
