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Pramin Das vs Anuja Gloris on 29 August, 2019

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:
Crl.M.C.No.4665 of 2019

-: 2 :-

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

-: 3 :-

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
Crl.M.C.No.4665 of 2019

-: 4 :-

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

-: 5 :-

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

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