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Sajan vs Jinisha @ Jineesha on 16 November, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE N.ANIL KUMAR

SATURDAY, THE 16TH DAY OF NOVEMBER 2019 / 25TH KARTHIKA, 1941

Crl.MC.No.8075 OF 2019

CRIME No.590/2019 OF Thrissur Town West Police Station,
Thrissur City

PETITIONERS:

1 SAJAN,
AGED 35 YEARS,
S/O VASU, PARAKKAT HOUSE, VENMANAD,
PAVARATTY, THRISSUR, NOW RESIDING AT
ODAYATTIL HOUSE, ELTHURUTH, THRISSUR.

2 VASU,
AGED 73 YEARS,
S/O LATE KUNJUNNY KRISHNAN, ODAYATTIL HOUSE,
VENMANAD, PAVARATTY, THRISSUR, NOW RESIDING
AT ODAYATTIL HOUSE, ELTHURUTH, THRISSUR.

3 SAROJINI,
AGED 68 YEARS,
W/O VASU, ODAYATTIL HOUSE, VENMANAD,
PAVARATTY, THRISSUR, NOW RESIDING AT
ODAYATTIL HOUSE, ELTHURUTH, THRISSUR.

4 SOWMYA,
AGED 33 YEARS,
W/O RAJESH, VENMAD,PAVARATTY, THRISSUR, NOW
RESIDING AT CHAKKAMADATHIL HOUSE,
KANDASSAMKADAVU, THRISSUR.

BY ADV.SRI.V.A.JOHNSON (VARIKKAPPALLIL)

RESPONDENTS:
1 JINISHA @ JINEESHA,
AGED 24 YEARS,
D/O. JAYAN, PARAKKAT HOUSE, VENMANAD,
PAVARATTY, THRISSUR – 680 507.
Crl.M.C.No.8075 of 2019

..2..

2 NIRANJAN KRISHNA,
AGED 1½ YEARS, (MINOR)
S/O SAJAN, ODAYATTIL HOUSE, VENMANAD,
PAVARATTY, THRISSUR – 680 507. REP. BY 1ST
RESPONDENT MOTHER, JINISHA @ JINEESHA.

3 LEENA,
AGED 50 YEARS,
W/O JAYAN, PARAKKAT HOUSE, VENMANAD,
PAVARATTY, THRISSUR – 680507.

4 JINEESH,
AGED 28 YEARS,
S/O JAYAN, PARAKKAT HOUSE, VENMANAD,
PAVARATTY, THRISSUR – 680507.

5 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM – 682 031.

R2-R4 BY ADV.UNNI SEBASTIAN KAPPEN
PUBLIC PROSECUTOR-MR.SANTHOSH PETER

THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 16.11.2019, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
Crl.M.C.No.8075 of 2019

..3..

ORDER

This Crl.M.C. is filed seeking to quash Annexure-A FIR

and further proceedings pursuant thereto in Crime

No.590/2019 of Thrissur West Police Station, Thrissur against

the petitioners/accused Nos.1 to 4 for the offences punishable

under Sections 341, 323, 324, 498A and 506(i) read with 34 of

Indian Penal Code and Section 75 of the Juvenile Justice (Care

and Protection of Children) Act, 2015.

2. The 1st accused is the husband of the de facto

complainant. The 2nd and the 3rd accused are the parents of

the 1st accused. The 4th accused is the sister of the 1 st accused.

Annexure-A FIR was registered consequent to the complaint

made by the de facto complainant who is none other than the

wife of the 1st accused alleging matrimonial cruelty. It is

stated that the parties settled the matter out of court and a

settlement was recorded before the Lok Adalat by Annexure-F.

The respondents 1 to 4 filed Annexures-B, C, D E affidavits

respectively before this Court stating that the disputes

between the parties were settled amicably.

3. Heard both sides.

Crl.M.C.No.8075 of 2019

..4..

4. It is true that the matter was settled before the Lok

Adalat by way of Annexure-F. The offence under Section 498A

of IPC is non-compoundable as per the Scheme of the Code of

Criminal Procedure. All other offences are compoundable. In

fact, all other offences except the offence under Section 498A

of IPC were settled before the Lok Adalat by way of

Annexure-F settlement arrived at between the parties. After

the settlement by way of Annexure-F, the petitioners and

respondents jointly filed this petition seeking to quash the

proceedings. The dispute involved is purely a matrimonial

dispute and no public interest is involved. Since the matter is

settled between the parties, it is just and proper to terminate

the proceedings.

In the result, the Crl.M.C. stands allowed. Annexure-A

FIR and all further proceedings pursuant thereto in Crime

No.590/2019 of Thrissur West Police Station, Thrissur City

against the petitioners stand quashed.

Sd/-

N.ANIL KUMAR,
JUDGE
skj
Crl.M.C.No.8075 of 2019

..5..

APPENDIX
PETITIONERS’ EXHIBITS:

ANNEXURE A CERTIFIED COPY OF THE F.I.R IN CRIME
NO.590/2019 OF THRISSUR WEST POLICE
STATION, THRISSUR CITY ALONG WITH ITS
F.I STATEMENT.

ANNEXURE B TRUE COPY OF THE AFFIDAVIT SWORN BY
THE 1ST RESPONDENT HEREIN EVIDENCING
THE AFORESAID FACTUM OF SETTLEMENT.

ANNEXURE C TRUE COPY OF THE AFFIDAVIT SWORN BY
THE 2ND RESPONDENT HEREIN EVIDENCING
THE AFORESAID FACTUM OF SETTLEMENT.

ANNEXURE D TRUE COPY OF THE AFFIDAVIT SWORN BY
THE 3RD RESPONDENT HEREIN EVIDENCING
THE AFORESAID FACTUM OF SETTLEMENT.

ANNEXURE E TRUE COPY OF THE AFFIDAVIT SWORN BY
THE 4TH RESPONDENT HEREIN EVIDENCING
THE AFORESAID FACTUM OF SETTLEMENT.

ANNEXURE F TRUE COPY OF THE AWARD OF THE LOK
ADALAT HELD AT THRISSUR DATED
12-11-2019.

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