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Suresh Kumar vs Sneha on 1 November, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

THURSDAY ,THE 01ST DAY OF NOVEMBER 2018 / 10TH KARTHIKA,
1940

Crl.MC.No. 6724 of 2018

PENDING AS CC 757/2017 of JUDICIAL FIRST CLASS MAGISTRATE
COURT-III, ATTINGAL

CRIME NO. 715/2014 OF KILIMANOOR POLICE STATION ,
THIRUVANANTHAPURAM

PETITIONERS/ACCUSED 1 TO 3:

1 SURESH KUMAR, AGED 37 YEARS, S/O PUSHPARAJAN,
P.S..BHAVAN, MALAYAKKAL, KILIMANOOR VILLAGE,
TRIVANDRUM

2 PUSHPARAJAN, AGED 66 YEARS, S/O. PARAMU, P.S. BHAVAN,
MALAYAKKAL, KILIMANOOR VILLAGE, TRIVANDRUM

3 SUBHADRA, AGED 52 YEARS, W/O. PUSHPARAJAN, P.S.
BHAVAN, MALAYKKAL, KILIMANOOR VILLAGE, TRIVANDRUM

BY ADV. SRI.T.KABIL CHANDRAN

RESPONDENTS/DEFACTO COMPLAINANT STATE:

1 SNEHA, AGED 30 YEARS
D/O CHANDRIKA, SOBHANAM, KADAKKAL VILLAGE,
KOTTARAKKARA TALUK

2 STATE OF KERALA, REPRESENTED BY CIRCLE INSEPCTOR ,
KILIMANOOR POLICE STATION, THIRUVANANTHAPURAM BY
PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN-682031

R1 BY ADV. SMT.B.T.PRASANNA
R2 BY PUBLIC PROSECUTOR SMT.SREEJA V

THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 01.11.2018, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
Crl.MC.No. 6724 of 2018
2

O R D E R

The petitioners are the accused in

CC.No.757/2017 on the files of the Judicial First

Class Magistrate Court-III, Attingal, arising

from Crime No.715/2014 of Kilimanoor Police

Station for offences punishable under sections

498A and 34 of the Indian Penal Code.

2. It was alleged by the prosecution that

the first petitioner after his marriage with the

first respondent, demanded more dowry and

threatened her, along with the petitioners 2 and

3, who are his parents. She laid a complaint

pursuant to which crime was registered and after

investigation final report was laid. The matter

was taken cognizance of and is now pending trial.

3. Stating that due to the intervention of

the mediators, the dispute with the first

respondent has been settled and that she has no

surviving grievance against the petitioners

herein, Crl.M.C is filed. The petitioners relied

on Annexure-A3 affidavit, stated to be affirmed
Crl.MC.No. 6724 of 2018
3

by the first respondent. The learned counsel for

the first respondent acknowledged the due

execution of the above affidavit and affirmed

that the matter has been duly settled. The

learned Public prosecutor on instructions

submitted that the parties got separated

judicially and the matter is reported to be

settled. Having considered these facts and the

settlement arrived at between the parties, I am

inclined to invoke the jurisdiction under section

482 Cr.P.C, holding that the dispute is

essentially a private family dispute.

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

proceedings in CC.No.757/2017 on the files of the

Judicial First Class Magistrate Court-III,

Attingal, arising from Crime No.715/2014 of

Kilimanoor Police Station as against the

petitioners herein stand quashed.

Sd/-

SUNIL THOMAS, JUDGE
R.AV
Crl.MC.No. 6724 of 2018
4

APPENDIX

PETITIONER’S/S EXHIBITS:

ANNEXURE A1 THE CERTIFIED COPY OF THE FIR IN
CRIME NO. 715/2014 OF KILIMANOOR
POLICE STATION.

ANNEXURE A2 CERTIFIED COPY OF CHARGE SHEET
IN CC 757/2017 PENDING ON THE
FILES OF JUDICIAL FIRST CLASS
MAGISTRATE COURT III, ATTINGAL,
TRIVANDRUM.

ANNEXURE A3 AFFIDAVIT FILED BY THE 1ST
RESPONDENT

RESPONDENT’S/S EXHIBITS NIL

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