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Santhosh Kumar vs Vineetha on 22 October, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

MONDAY ,THE 22ND DAY OF OCTOBER 2018 / 30TH ASWINA, 1940

Crl.MC.No. 6356 of 2018

CRIME NO. 463/2014 OF THRIKKUNNAPPUZHA POLICE STATION, ALAPPUZHA

PETITIONER/1st, 2nd and 3rd ACCUSED:

1 SANTHOSH KUMAR, AGED 36 YEARS
S/O. ANANTHAKRISHNAN, PUTHAN PARAMBIL HOUSE,
WARD NO. 11, MUTHUKULAM PANCHAYATH, NORTH MURI.

2 ANANTHAKRISHNAN, AGED 64 YEARS
S/O.KOCHUCHERUKKAN,
PUTHAN PARAMBIL HOUSE, WARD NO. 11, MUTHUKULAM
PANCHAYATH, NORTH MURI.

3 SUMATHI, AGED 62 YEARS, W/O.ANANTHAKRISHNAN,
PUTHAN PARAMBIL HOUSE, WARD NO. 11, MUTHUKULAM
PANCHAYATH, NORTH MURI.

BY ADV. SRI.K.R.SUNIL

RESPONDENT/COMPLAINANT:

1 VINEETHA
D/O. SREELATHA, AGED 26, VELLERITHARA PADEETTATHIL,
PATHIYANKARA MURI, THRIKKUNNAPPUZHA VILLAGE,
KARTHIKAPPALLY TALUK, ALAPPUZHA DISTRICT,
PIN – 690 516.

2 THE STATE OF KERALA,
THROUGH SUB INSPECTOR OF POLICE, THRIKKUNNAPPUZHA
POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR OF
HIGH COURT OF KERALA – 682031.

BY ADV. SABI.C.SHAJI

OTHER PRESENT:
SREEJA V PP

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
22.10.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 6356 of 2018

2

O R D E R

Petitioners stand arrayed as accused Nos.1 to 3

in Crime No.463/2014 of Thrikkunnapuzha Police

Station for offences punishable under Sections 323,

498A read with Section 34 of IPC. The 1 st petitioner

had married the 1st respondent. Matrimonial

relationship got strained. Alleging that the 1st

respondent was subjected to matrimonial cruelty by

the petitioners, who are the husband and his parents,

complaint was laid, pursuant to which crime was

registered. Investigation is progressing.

2. Pending the proceedings, the parties are

stated to have resolved their disputes. Petitioners

have preferred this Crl.M.C. to quash the proceedings

on the basis of the settlement. Learned counsel for

the petitioners and the learned counsel for the 1st

respondent relied on Annexure A3 affidavit sworn to

by the de facto complainant. It was submitted by

both sides that pursuant to the settlement, a joint
Crl.MC.No. 6356 of 2018

3

application for divorce has been filed and is pending

before the Family Court, Alappuzha.

3. The learned Public Prosecutor on instructions

submitted that the statement of the 1st respondent has

been recorded wherein she has asserted that the

matter has been settled.

4. Having considered the fact that the issue is

a family dispute which has now been resolved, I am

inclined to invoke the jurisdiction under Section 482

Cr.P.C. and to quash the entire criminal proceedings.

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

proceedings in Crime No.463/2014 of Thrikkunnapuzha

Police Station stand quashed.

Sd/-

SUNIL THOMAS, JUDGE
Crl.MC.No. 6356 of 2018

4

APPENDIX

PETITIONER’S/S EXHIBITS:

ANNEXURE A1 THE CERTIFIED COPY OF THE FIRST
INFORMATION REPORT NO.463 OF 2014.

ANNEXURE A2 THE CERTIFIED COPY OF FINAL REPORT DATED
24.10.2014.

ANNEXURE A3 THE AFFIDAVIT SWORN BY THE DEFACTO
COMPLAINANT.

Pn 22/10

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