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
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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
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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.
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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
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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.
