IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
MONDAY ,THE 03RD DAY OF DECEMBER 2018 / 12TH AGRAHAYANA,
1940
Crl.MC.No. 890 of 2014
CC 984/2012 of JUDICIAL FIRST CLASS MAGISTRATE COURT-
II,NEDUMANGAD
CRIME NO. 314/2012 OF ARUVIKKARA POLICE STATION ,
Thiruvananthapuram
PETITIONERS/A2 TO A4:
1 VIDHYADHARAN
AGED 69 YEARS
S/O.KRISHNAN, 5/367, PRASHANTH BHAVAN, KACHANI,
VATTIYOORKKAVU, THIRUVANANTHAPURAM.
2 ANILKUMAR
AGED 42 YEARS
S/O.VIDHYADHARAN, 5/367, PRASHANTH BHAVAN,
KACHANI, VATTIYOORKKAVU, THIRUVANANTHAPURAM.
3 OMANA
AGED 65 YEARS
W/O.VIDHYADHARAN, 5/367, PRASHANTH BHAVAN,
KACHANI, VATTIYOORKKAVU, THIRUVANANTHAPURAM.
BY ADV. SRI.SHAJIN S.HAMEED
RESPONDENT/STATE cw1:
1 STATE OF KERALA
REPRESENTED BY THE SUB INSPECTOR OF POLICE,
ARUVIKKARA POLICE STATION, THIRUVANANTHAPURAM,
REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH
COURT OF KERALA, ERNAKULAM.
CR MC 890/2014 2
2 MINI.V.S
AGED 34 YEARS
W/O.AJIKUMAR, X/795, TPRA.NO.D-5, REVATHI
BHAVAN, PULLIKONAM, KACHANI, KARAKULAM.P.O.,
THIRUVANANTHAPURAM PIN CODE 695
564.THIRUVANANTHAPURAM, PIN CODE-695 564.
BY ADV. SRI.S.RAJEEV
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
03.12.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CR MC 890/2014 3
O R D E R
This petition under Section 482 of the Code of Criminal
Procedure Code has been filed by Accused Nos.2 to 4 to quash
Annexure-D final report and all further proceedings in
C.C.No.984/2012 on the file of the Judicial First Class Magistrate
Court-II, Nedumangad. Crime No.314/2012 was registered under
Sections 497, 498A, 120B 34 of the Indian penal Code against
the petitioners/accused 2 to 4 and the 1st accused.
2. The records would reveal that the 1 st accused had
married the de facto complainant who is the 2 nd respondent
herein as per the custom of their community on 15.9.1998 and
they resided together as husband and wife for sometime. Two
children were born out of their wedlock. Thereafter, their
relationship got strained and the parties have separated. Cases
have been filed by the de facto complainant/2 nd respondent
before the Family Court, Nedumangad and this case was also
filed by her against her husband and the petitioners. Petitioners
CR MC 890/2014 4
1 and 3 are the parents of the 1 st accused and 2nd
petitioner/accused No.3 is the brother-in-law of the de facto
complainant. While so, the marital dispute between the de facto
complainant and the 1st accused was settled out of court between
the parties and all the cases pending before the Family Court
were disposed of accepting the settlement arrangement entered
between the parties. Finally, their marriage has also been
dissolved by a decree of divorce. While so, these petitioners
approached this Court to quash the final report filed against them
contending that there is no material to proceed against them and
if the case is proceeded with, it will result as an abuse of process
of the court.
3. Now the learned counsel for the petitioners have
submitted that the entire dispute between the parties have
settled finally and the de facto complainant has absolutely no
complaints against the petitioners as well against the 1 st
accused.
4. Heard the learned counsel for the petitioners, learned
counsel for the de facto complainant and the learned Public
Prosecutor.
CR MC 890/2014 5
5. The learned Public Prosecutor has filed a report
incorporating the statement of the de facto complainant taken by
the investigating officer. The de facto complainant has specifically
stated before the investigating officer that she has no complaints
against the petitioners as well against the 1 st accused and she
has no objection in quashing the final report filed against all the
accused persons. Considering the entire facts involved in this
case, I find that this petition is only to be allowed as prayed for,
to prevent abuse of the process of the court and to secure the
ends of justice.
6. Hence, the final report filed in Crime No.314/2012 of
Aruvikkara Police Station (C.C.No.984/2012 on the file of the
Judicial First Class Magistrate Court-II, Nedumangad) against the
accused for the offences under Sections 497, 498A, 120B 34 of
IPC stands quashed as prayed for.
The Crl.M.C.is allowed.
Sd/-
ks SHIRCY V.
JUDGE
CR MC 890/2014 6
APPENDIX
PETITIONER’S/S EXHIBITS:
ANNEXURE P1 ANNEXURE A- PHOTOCOPY OF THE COMPLAINT
FILED BY THE 2ND RESPONDENT BEFORE THE
JUDICIAL 1ST CLASS MAGISTRATE-II,
NEDUMANGAD.
ANNEXURE P2 ANNEXURE B- PHOTOCOPY OF THE FIR IN
CRIME NO.314/2012 OF ARUVIKKARA POLICE
STATION.
ANNEXURE P3 ANNEXURE C- PHOTOCOPY OF THE ORDER
DATED 23.10.2013 IN
CRL.M.A.NO.8373/2013 IN
CRL.M.C.NO.4783/2013 OF THIS HONORABLE
COURT.
ANNEXURE P4 ANNEXURE D- CERTIFIED COPY OF THE FINAL
REPORT IN C.C.NO.984/2012 ON THE FILE
OF THE JUDICIAL 1ST CLASS MAGISTRATE
COURT-II, NEDUMANGAD.
ANNEXURE P5 E Affidavit executed by the 2nd respondent