IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
FRIDAY, THE 9TH DAY OF FEBRUARY 2018 / 20TH MAGHA, 1939
Crl.MC.No. 503 of 2018
PENDING AS LP 169/2009 of JUDICIAL FIRST CLASS MAGISTRATE COURT-II,
KOLLAM
CRIME NO. 163/2004 OF KOLLAM EAST POLICE STATION , KOLLAM
PETITIONER(S)/SOLE ACCUSED.
MR. BAIJU
AGED 39 YEARS, S/O CHACKO, RESIDING AT VADAKKEVILA HOUSE,
PULLICHIRA PO, MAYYANAD VILLAGE, KOLLAM DISTRICT.
BY ADV.SMT.V.BEENA
RESPONDENT(S)/STATE AND DEFACTO COMPLAINANT.:
1. THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA AT ERNAKULAM THROUGH THE
SUB INSPECTOR OF POLICE, KOLLAM EAST POLICE STATION,
KOLLAM DISTRICT.
2. SMT. VIDHYA PUSHPAN@VIDHYA
AGED 38 YEARS, D/O P.K PUSHPANGATHAN,
RESIDING AT HILL PALACE, KAITHAMUKKU, EANATHU VILLAGE,
VAYALA PO, KOLLAM DISTRICT.691306.
R2 BY ADV. SRI.S.SREEKUMAR (KOLLAM)
R1 BY SRI.C.N.PRABHAKARAN, SENIOR PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
09-02-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 503 of 2018 ()
APPENDIX
PETITIONER(S)’ EXHIBITS
ANNEXURE A1 CERTIFIED COPY OF THE FIR IN CRIME NO.163 OF 2004
OF KOLLAM EAST POLICE STATION.
ANNEXURE A2 CERTIFIED COPY OF THE CHARGE IN C.C NO.166 OF
2004 AND IN L.P 169/2009 ON THE FILE OF THE FIRST
CLASS MAGISTRATE COURT-II, KOLLAM.
ANNEXURE A3 A AFFIDAVIT DATED 19TH JANUARY 2018 HAS BEEN
SWORN BY THE SECOND RESPONDENT BEFORE THIS
HON’BLE COURT.
RESPONDENT(S) EXHIBITS NIL
R.AV //TRUE COPY//
PA TO JUDGE
SUNIL THOMAS, J.
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Crl.M.C.No.503 of 2018
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Dated this the 9th day of February, 2018
ORDER
The petitioner herein is the sole accused in Crime
No.163 of 2004 of Kollam East Police Station for
offences punishable under sections 498A, 324, 447 and
34 of the Indian Penal Code, now pending as
CC.No.166 of 2004 on the files of the Judicial First
Class Magistrate Court-II, Kollam. He had married the
second respondent. Thereafter, she alleged that she
was subjected to mental and physical cruelty by the
petitioner herein demanding more dowry. She laid
FIS, pursuant to which crime was registered as
Annexure-A1. After investigation, final report was filed
as Annexure-A2. It is submitted that the matrimonial
disputes between the parties were settled with the
intervention of the mediators and they have filed joint
application for divorce before the Family Court, Kollam
and divorce was granted after settling all financial
Crl.M.C.No.503 of 2018 2
disputes. The petitioner contends that in the light of
the settlement, no further prosecution is sustainable
and to maintain peace and harmony between the
parties, it is essential that the criminal case is brought
to an end. The learned counsel for the second
respondent acknowledged the settlement and referred
to Annexure-A3 affidavit affirmed by her. The learned
Public Prosecutor on instructions submitted that the
petitioner is not involved in any other crime and that
the matter has been settled between the parties.
Having considered these facts, I am inclined to invoke
the jurisdiction under section 482 Cr.P.C to quash the
criminal proceedings.
Accordingly, Crl.M.C is allowed and all further
proceedings in CC.No.164/2004 of Judicial First Class
Magistrate Court-II, Kollam arising from Crime No.163
of 2004 of Kollam East Police Station will stand
quashed.
Sd/-
SUNIL THOMAS, JUDGE
R.AV
