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Pending As Lp 121/2014 Ofjudicial … vs By Adv.Sri.R.Rajesh(Pullikada) on 21 July, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

TUESDAY, THE 7TH DAY OF AUGUST 2018 / 16TH SRAVANA, 1940

Crl.MC.No. 4875 of 2018

PENDING AS LP 121/2014 ofJUDICIAL FIRST CLASS MAGISTRATE
COURT-I, KOLLAM

CRIME NO. 1019/2009 OF KUNDARA POLICE STATION , KOLLAM

PETITIONER(S)/ACCUSED

BIJU,
S/O.THYAGARAJAN,
UTHRAM, MUKKOODU (P.O.),
MULAVANA, KOLLAM.

BY ADV.SRI.R.RAJESH(PULLIKADA)

RESPONDENT(S)/STATE/DEFACTO COMPLAINANT:

1. THE STATE OF KERALA,
REPRESENTED BY GOVERNMENT PLEADER,
HIGH COURT OF KERALA,
ERNAKULAM.

2. NINI BIJU,
W/O.BIJU, KANNOLIL VEEDU,
MANGAD VILLAGE, MANGAD P.O.,
KOLLAM – 691 015.

R2 BY ADV. SRI.S.SREEKUMAR (KOLLAM)
R1 BY PUBLIC PROSECUTOR SRI.C.M.KANNAPPAN

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 07-08-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 4875 of 2018 ()

APPENDIX

PETITIONER(S)’ EXHIBITS

ANNEXURE I THE CERTIFIED COPY OF F.I.R.NO.1019/2009 OF
KUNDARA POLICE STATION.

ANNEXURE II THE CERTIFIED COPY OF THE CHARGESHEET
SUBMITTED BY THE KUNDARA POLICE IN CRIME
NO.1019/2009.

ANNEXURE III AFFIDAVIT OF THE 2ND RESPONDENT DATED 21/07/2018.

RESPONDENT(S)’ EXHIBITS NIL

R.AV //TRUE COPY//

PA TO JUDGE

SUNIL THOMAS, J.
———————————-
Crl.M.C.No.4875 of 2018
——————————
Dated this the 7th day of August, 2018

ORDER

Alleging that the petitioner herein had subjected

the defacto complainant, who is the second respondent

herein, to matrimonial cruelty demanding dowry, FIS

was laid and crime was registered as Crime

No.1019/2009 of Kundara Police Station for offences

punishable under section 498A of the Indian Penal

Code.

2. The Crl.M.C is now laid, contending that crime

was registered pursuant to the matrimonial dispute that

arose between the parties and that it has been now

resolved completely. It was contended by the learned

counsel for the petitioner and the learned counsel for

the second respondent that parties have no grievance

against each other, in the light of the settlement. An

affidavit has been produced as Annexure-3, which

discloses the settlement of all the disputes. It is

submitted by the learned Public Prosecutor that the
Crl.M.C.No.4875 of 2018
2

settlement has been reported to the police, the

statement of the defacto complainant/second

respondent has been recorded and that pursuant to

the settlement, the parties are living together. In the

light of the fact that the dispute that arose from a

matrimonial dispute, I feel that no purpose will be

served by prosecuting the petitioner herein. Hence I

am inclined to give a premature termination to the

criminal proceedings by invoking section 482 Cr.P.C.

Accordingly, Crl.M.C is allowed. All further

proceedings in Crime No.1019/2009 of KUndara Police

Station as against the petitioner herein stands

quashed.

Sd/-

SUNIL THOMAS, JUDGE
R.AV

//True Copy//

PA to Judge

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