IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
WEDNESDAY,THE 31ST DAY OF OCTOBER 2018 / 9TH KARTHIKA,
1940
Crl.MC.No. 6675 of 2018
AGAINST THE ORDER/JUDGMENT IN CC 773/2013 of
J.M.F.C.,THIRUVALLA
CRIME NO. 243/2013 OF THIRUVALLA POLICE STATION ,
PATHANAMTHITTA
PETITIONER/ACCUSED:
SATHEESH RAMACHANDRAN
AGED 35 YEARS
KAYYALAKKATHU HOUSE,
KUTTOOR VILLAGE, THIRUVALLA
BY ADVS.
SRI.T.P.PRADEEP
SRI.P.K.SATHEES KUMAR
SRI.S.SREEDEV
RESPONDENT/STATE DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, PIN- 682 031
2 DIVYA SATHEESH, W/O SATHEESH RAMACHANDRAN,
KAYYALAKKAKATHU HOUSE, KUTTOOR.P.O.,
PATHANAMTHITTA, PIN-689106.
R2 BY ADV. SRI.BIJOY KURUVILLA
R1 BY PUBLIC PROSECUTOR SRI.T.R.RENJITH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
31.10.2018, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.MC.No. 6675 of 2018
2
O R D E R
The petitioner herein is alleged to have
committed matrimonial cruelty on the second
respondent, his wife. She laid a complaint,
which led to the registration of the crime as
Crime No.243/2013 of Thiruvalla Police Station.
After investigation, final report was filed and
the mater is now pending as CC.No.773/2013 on
the files of the Judicial First Class Magistrate
Court, Thiruvalla, for offence punishable under
section 498A of the Indian Penal Code.
2. Claiming that all the pending issues
between the petitioner and the second respondent
has been voluntarily and amicably resolved and
that the parties are now living happily together
with the children, the Crl.M.C is filed to quash
the proceedings. The learned counsel for the
petitioner and the learned counsel for the
second respondent relied on Annexre-B affidavit,
and affirmed that the matter has been settled.
Crl.MC.No. 6675 of 2018
3
Annexure-B discloses that the dispute has been
resolved among the parties. Having considered
the nature of allegations and the settlement now
arrived at between the parties, I am inclined to
invoke the jurisdiction under section 482
Cr.P.C, and to quash the entire criminal
proceedings.
Crl.M.C is allowed. All further proceedings
in CC.No.773/2013 on the files of the Judicial
First Class Magistrate Court, Thiruvalla,
arising from Crime No.243/2013 of Thiruvalla
Police Station stands quashed.
Sd/-
SUNIL THOMAS, JUDGE
R.AV
//True Copy// PA to Judge
Crl.MC.No. 6675 of 2018
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APPENDIX
PETITIONER’S/S EXHIBITS:
ANNEXURE A CERTIFIED COPY OF CHARGE SHEET
IN CC NO.773/2013 ON THE FILES
OF JUDICIAL FIRST CLASS
MAGISTRATE’S COURT, THIRUVALLA.
ANNEXURE B TRUE COPY OF THE NOTARIZED
AFFIDAVIT OF THE 2ND RESPONDENT.
RESPONDENT’S/S EXHIBITS NIL