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Showkathali vs State Of Kerala on 10 October, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE N.ANIL KUMAR

THURSDAY, THE 10TH DAY OF OCTOBER, 2019 / 18TH ASWINA, 1941

Crl.MC.No.6891 OF 2019(B)

[AGAINST CC NO. 6/2017 OF CHIEF JUDICIAL MAGISTRATE, PALAKKAD

CRIME NO.1155/2016 OF Town North Police Station, Palakkad]

PETITIONERS/ACCUSED 1 AND 2:

1 SHOWKATHALI,
AGED 32 YEARS
S/O.SHMSUDHEEN, KALATHINGAL HOUSE, PALLIKULAM,
PIRAYIRI P.O., PALAKKAD, PIN – 678 004.

2 SAJITHA,
AGED 36 YEARS
D/O.SHAMSUDHEEN, KALATHINGAL HOUSE, PALLIKULAM,
PIRAYIRI P.O., PALAKKAD, PIN -678 004.

BY ADV. SRI.M.L.SURESH KUMAR

RESPONDENTS/DE FACTO COMPLAINANT/STATE:

1 STATE OF KERALA,
REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM – 682 031.

2 RAMSIYA,
D/O.RAHMAN, AGED 22 YEARS, KALATHINGAL HOUSE,
PALLIKULAM, PIRAYIRI P.O., PALAKKAD, PIN – 678 004.

R2 BY ADV. A.R.GANGADAS

OTHER PRESENT:

R1 BY PUBLIC PROSECUTOR MR.C.M.KAMMAPPU.

THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON

10.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.M.C.NO.6891 OF 2019

:-2-:

JUDGMENT

(Dated this the 10th day of October 2019)

Petitioners are the accused 1 and 2 in

C.C.No.6/2019 on the file of the Chief Judicial

Magistrate Court, Palakkad. The first petitioner is

the husband of the second respondent and the second

petitioner is the sister of the first petitioner. The

second respondent filed a private complaint before the

Police, which was forwarded to the Town North Police,

Palakkad. On receipt of the complaint, the Town North

Police, Palakkad registered Crime No.1155/2016 for the

offence punishable under Section 498A of the Indian

Penal Code (for short ‘the SectionIPC’) against the

petitioners.

2. The case of the de facto complainant is that

the petitioners ill-treated and harassed the second

respondent after marriage demanding more dowry from

her. After investigation, the Police filed a final

report before the Chief Judicial Magistrate Court,

Palakkad. Upon consideration of the final report, the

learned Magistrate took cognizance of the offence

under Section 498A of IPC and registered the case as
CRL.M.C.NO.6891 OF 2019

:-3-:

C.C.No.6/2017 of that court. During the pendency of

the proceedings, the matter has been settled between

the petitioners and the second respondent out of

court. It is submitted that the second respondent has

no subsisting grievance against the petitioners, at

present. Further, the first petitioner and the second

respondent are residing together. On going through

Annexure A final report, it is clear that the nature

of the crime registered by the Town North Police,

Palakkad is purely a matrimonial dispute between the

parties. It is further disclosed that the second

respondent has no subsisting grievance in the matter

and has no objection whatsoever in terminating the

proceedings. Annexure-B’ affidavit sworn by the second

respondent is self explanatory in this regard.

3. In the circumstances, no purpose will be

served in continuing with the prosecution. Taking

into consideration of the fact that the alleged

offence, if any, committed by the first petitioner has

been condoned by the second respondent, this Court is

of the view that Annexure A final report is liable to

be quashed.

CRL.M.C.NO.6891 OF 2019

:-4-:

In the result, this Crl.M.C. is allowed

quashing the final report in C.C.No.6/2017 of the

Chief Judicial Magistrate Court, Palakkad pertaining

to Crime No.1155/2016 of Town North Police Station,

Palakkad.

Sd/-

N.ANIL KUMAR,
JUDGE
MBS/
CRL.M.C.NO.6891 OF 2019

:-5-:

APPENDIX
PETITIONERS’ EXHIBITS:

ANNEXURE A CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO.1155/2016 IN C.C.NO.6/2017 OF
CJM COURT, PALAKKAD.

ANNEXURE B THE AFFIDAVIT SWORN BY THE 2ND
RESPONDENT.

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