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Kerala High Court
Sreeja Kumari vs State Of Kerala on 27 March, 2024
Author: V.G.Arun
Bench: V.G.Arun
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
CRL.MC NO. 1858 OF 2024
CRIME NO.1411/2013 OF Kundara Police Station, Kollam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.924 OF 2015 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -I, KOLLAM
PETITIONER/S:
SREEJA KUMARI
AGED 40 YEARS
D/O BABY, SASIMANDIRAM, KOLAPPOIKA, PERUMPUZHA,
KUNDARA P.O., KOLLAM DISTRICT., PIN – 691501
BY ADVS.
M.KIRANLAL
MANU RAMACHANDRAN
T.S.SARATH
R.RAJESH (VARKALA)
SAMEER M NAIR
SAILAKSHMI MENON
SMT.AKHILA B.
JOTHISHA K.A.
AASHI K. SHAJAN
SHIFANA M.
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM, PIN – 682031
2 THE STATION HOUSE OFFICER
KUNDARA POLICE STATION, KOLLAM DISTRICT, PIN –
691501
3 KRISHNAN KUTTY
S/O KUMARAN, THONGALIL VEEDU, KOIVILA P.O.,
THEVALAKKARA, KOLLAM DISTRICT., PIN – 690524
4 REGHU
AGED 60 YEARS
S/O KUMARAN, THONGALIL VEEDU, KOIVILA P.O.,
THEVALAKKARA, KOLLAM DISTRICT, PIN – 690524
Crl.M.C.No.1858 of 2024
2
5 FRADHA
AGED 53 YEARS
W/O REGHU, THONGALIL VEEDU, KOIVILA P.O.,
THEVALAKKARA, KOLLAM DISTRICT, PIN – 690524
OTHER PRESENT:
SR.PP. RENJITH GEORGE
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
27.03.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.1858 of 2024
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ORDER
Dated this the 27th day of March, 2024
Petitioner is the de facto complainant in
Crime No.1411 of 2013 registered at the Kundara
Police Station for offences punishable under
Sections 498A, 294(b), 323 and 354 r/w Section 34
of IPC, now pending as CC No.924 of 2015 on the
files of the Judicial First Class Magistrate
Court-I, Kollam. The crime was registered on the
allegation that after the petitioner’s marriage
with the third respondent, he along with the other
accused harassed the petitioner demanding dowry.
The petitioner also raised an allegation of
physical harassment at the hands of respondents 3
to 5.
2. This Crl.M.C is filed seeking to quash the
crime registered at the petitioner’s instance on
Crl.M.C.No.1858 of 2024
4
the premise that the matrimonial dispute, which
had prompted the petitioner to file the complaint,
was subsequently settled amicably and the
petitioner is living with the third respondent and
his family.
3. I heard learned Public Prosecutor also.
4. Having considered the gravity of the
offences alleged and the nature of the injury
caused, I am satisfied that no public interest is
involved in this matter and the dispute has been
settled amicably. In view of the settlement
arrived at between the parties, there is no
possibility of the criminal proceedings ending in
conviction. As such, continuance of the
proceedings will amount to an abuse of process of
court and hence, in view of the legal position set
out by the Honourable Supreme Court in Madan Mohan
Abbot v State of Punjab [(2008) 4 SCC 582] and
Crl.M.C.No.1858 of 2024
5
Gian Singh v State of Punjab and Another [(2012)
10 SCC 303], there is no impediment in granting
the relief.
In the result, this Crl.M.C is allowed.
Annexure A3 final report and all proceedings in
C.C.No.924 of 2015 on the files of the Judicial
First Class Magistrate Court-I, Kollam, are
quashed.
Sd/-
V.G.ARUN
JUDGE
Scl/
Crl.M.C.No.1858 of 2024
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APPENDIX OF CRL.MC 1858/2024
PETITIONER ANNEXURES
Annexure A1 A CERTIFIED COPY OF THE FIR DATED
09.07.2013 IN CRIME NO.1411/2013 OF THE
KUNDARA POLICE STATION
Annexure A2 A TRUE COPY OF THE CMP. NO. 5198/2013
FILED BEFORE THE JUDICIAL FIRST CLASS
MAGISTRATE COURT, KOLLAM
Annexure A3 THE CERTIFIED COPY OF THE FINAL REPORT
IN CRIME NO.1411/2023 OF THE KUNDARA
POLICE STATION
