IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
THURSDAY, THE 29TH DAY OF AUGUST 2019 / 7TH BHADRA, 1941
Crl.MC.No.4665 OF 2019(C)
AGAINST THE ORDER IN CC 621/2018 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -II,ATTINGAL
CRIME NO.349/2016 OF KAZHAKKUTTOM POLICE STATION ,
THIRUVANANTHAPURAM
PETITIONER/ACCUSED 1 2:
1 PRAMIN DAS,
AGED 30 YEARS,
S/O. LATE CHRISTU DAS, RESIDING AT CL COTTAGE,
NEAR LNCPE, NEELI AMMAN TEMPLE,
KIZHAKKUMBHAGAM, KAZHAKUTTAM,
THIRUVANANTHAPURAM – 695 582
2 LILLY,
AGED 50 YEARS,
D/O. RAJAMMA, RESIDING AT CL COTTAGE, NEAR
LNCPE, NEELI AMMAN TEMPLE, KIZHAKKUMBHAGAM,
KAZHAKUTTAM, THIRUVANANTHAPURAM – 695 582
BY ADV. SRI.THIRUMALA P.K.MANI
RESPONDENTS/DEFACTO COMPLAINANT (CW1) AND STATE:
1 ANUJA GLORIS,
AGED 28 YEARS,D/O. SASIDHARAN, T.C. 18/1431(6),
DAS NAGAR, MELEKUNNUVILA, ARAMADA P. O.,
THIRUMALA VILLAGE, THIRUVANANTHAPURAM NOW
RESIDING AT SL NIVAS, PLANKALAVILA,
PATHANAVILA, CHURCH ROAD, ARUMANOOR,
POOVAR P.O., THIRUPURAM,
THIRUVANANTHAPURAM-695525
2 STATE OF KERALA,
REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH
COURT OF KERALA, ERNAKULAM – 682 031.
R1 BY ADV. NAVEEN RADHAKRISHNAN
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
29.08.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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T.V.ANILKUMAR,J.
Crl.M.C.No.4665 of 2019
– – – – – – – – – – – – – – – – – – – – –
Dated this the 29th day of August, 2019
O R D E R
Petitioners seek to quash Annexure-A1 final
report in C.C. No.621 of 2018 before the Judicial
First Class Magistrate Court-II, Attingal taken on
file under Section 498A read with Section 34 IPC,
alleging that the matter was settled between them
and the de facto complaint and no purpose would be
served, if the proceedings are carried in the court
below.
2. Petitioners are son and mother. The 1st
petitioner, who is the 1st accused in the court
below married the 1st respondent, the de facto
complainant. The allegation raised by the
1st respondent is that, while she was residing with
the 1st petitioner, his mother the 2 nd petitioner
used to harass her joining each other, demanding
dowry and harassing her in many other ways also.
3. Both the petitioners now submit that the
matrimonial disputes with the 1st respondent were
Crl.M.C.No.4665 of 2019
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settled and the spouses filed a joint petition for
dissolution of marriage as O.P.1458 of 2019 under
Section 10A of the Divorce Act,1869 and the same
is pending before the Family Court,
Thiruvananthapuram. In support of the submission
that the matter was settled between parties, the 1 st
respondent submitted an affidavit of her before
this Court, sworn as on 21.06.2019. The affidavit
is Annexure-A4. The joint petition filed before
the Family Court, Thiruvananthapuram for
dissolution of marriage by mutual consent is
Annexure-A3.
4. I heard the learned Public Prosecutor, the
learned counsel for the petitioners and also the
learned counsel for the 1st respondent.
5. From the affidavit sworn before this
court, I am satisfied that the parties amicably
settled the matrimonial issues pending between them
and what remains to be secured is a decree for
dissolution by mutual consent. Despite Section 498A
IPC not being a compoundable offence under law
also, nothing precludes a court exercising
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jurisdiction under Section 482 of the Cr.P.C. to
quash the present criminal proceeding against
petitioners on the premise of amicable settlement
of matrimonial disputes arrived between the
parties. I am satisfied that the continuance of
the criminal proceeding will only lead to denial of
justice to parties, since there is no likelihood of
the prosecution of offence under Section 498A read
with Section 34 IPC ending in conviction.
Therefore, there is sufficient justification in
allowing the proceedings in C.C. No.621 of 2018
before the Judicial First Class Magistrate Court-
II, Attingal against the petitioners to be quashed.
In the result, criminal proceedings in C.C.
No.621 of 2018 before the Judicial First Class
Magistrate Court-II, Attingal are quashed and this
Crl.M.C. is allowed accordingly.
Sd/-
T.V.ANILKUMAR,JUDGE
DST
//True copy/
Crl.M.C.No.4665 of 2019
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e copy//
APPENDIX
PETITIONER’S/S EXHIBITS:
ANNEXURE A1 CERTIFIED COPY OF THE CHARGE SHEET IN
CC NO.621/2018 SUBMITTED BEFORE THE
JUDICIAL FIRST CLASS MAGISTRATE COURT –
II, ATTINGAL
ANNEXURE A2 CERTIFIED COPY OF FIR NO.349/2016 OF
KAZHAKUTTAM POLICE STATION
ANNEXURE A3 TRUE PHOTOCOPY OF THE JOINT PETITION
FOR DIVORCE IN OP NO.1458 OF 2019 ON
THE FILE OF THE FAMILY COURT,
THIRUVANANTHAPURAM
ANNEXURE A4 THE ORIGINAL AFFIDAVIT SWORN BY THE 1ST
RESPONDENT
RESPONDENTS’ EXHIBITS :NIL
//True copy//
P.A.To Judge