IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
MONDAY ,THE 22ND DAY OF OCTOBER 2018 / 30TH ASWINA, 1940
Crl.MC.No. 6362 of 2018
AGAINST THE ORDER/JUDGMENT IN CC 865/2017 of J.M.F.C., AMBALAPUZHA
CRIME NO. 336/2017 OF PUNNAPRA POLICE STATION, ALAPPUZHA
PETITIONER/ACCUSED:
1 JUNAIS MUHAMMED, AGED 34 YEARS
S/O SHARAF, PUTHENPRAMBIL, LAJNATH WARD, ZAKARIYA
BAZAR, ALAPPUZHA, KERALA.
2 JIHAS, AGED 28 YEARS
S/O SHARAF, PUTHENPRAMBIL, LAJNATH WARD, ZAKARIYA
BAZAR, ALAPPUZHA, KERALA.
3 SABIDHA, AGED 61 YEARS
W/O SHARAF, PUTHENPRAMBIL, LAJNATH WARD, ZAKARIYA
BAZAR, ALAPPUZHA, KERALA.
BY ADVS.
SRI.ABDUL JALEEL.A
SMT.M.A.SULFIA
RESPONDENT/COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
2 SUB INSPECTOR OF POLICE
PUNNAPRA POLICE STATION, ALAPPUZHA DISTRICT.
3 SHERIN, AGED 25 YEARS
D/O LATHEEFA, EDAYADITHARA (H), PUNNAPRA P.O.,
ALAPPUZHA DISTRICT, KERALA.
BY ADVS.
SRI.E.RAFEEK
SMT.P.Y.SHEHEERA
OTHER PRESENT:
SREEJA V PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
22.10.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 6362 of 2018
2
O R D E R
The 3rd respondent was married to the 1st
petitioner. Petitioners 2 and 3 are the in laws.
Matrimonial relationship got strained leading to
registration of crime as Crime No.336/2017 of
Punnapra Police Station for offences punishable under
Sections 498A, 596, 323, 354 and 34 of IPC. After
investigation final report was laid and the matter is
now pending as C.C. No.865/2017 of Judicial First
Class Magistrate Court, Ambalappuzha.
2. Crl.M.C. is filed by the petitioners
contending that the dispute with the 3 rd respondent de
facto complainant has been resolved satisfactorily
and that no further grievance survives. To
substantiate the settlement, learned counsel for the
petitioners relied on Annexure A3 affidavit affirmed
by the 3rd respondent.
3. The learned Public Prosecutor on
instructions submitted that the settlement has been
intimated to the investigation agency and the
statement of the de facto complainant recorded.
Crl.MC.No. 6362 of 2018
3
4. Being a matrimonial dispute, I am satisfied
that this is fit case in which the provision under
Section 482 Cr.P.C. can be invoked to meet the ends
of justice on the basis of a settlement arrived at
between the parties.
Accordingly, Crl.M.C. is allowed quashing all
further proceedings in C.C. No.865/2017 of Judicial
First Class Magistrate Court, Ambalappuzha.
Sd/-
SUNIL THOMAS, JUDGE
APPENDIX
PETITIONER’S/S EXHIBITS:
ANNEXURE A1 CERTIFIED COPY OF FIR IN CRIME
NO.336/2017 OF THE PUNNAPRA POLICE
STATION.
ANNEXURE A2 CERTIFIED COPY OF CHARGE IN CRIME
NO.336/2017 OF THE PUNNAPRA POLICE
STATION.
ANNEXURE A3 AFFIDAVIT FILED BY 3RD
RESPONDENT/COMPLAINANT DATED 4.9.2018.
Pn 22/10