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
