Kerala High Court
Magistrates Court-Temporary vs By Adv.Sri.M.R.Sarin on 14 March, 2018
Author: Sunil Thomas
Bench: Sunil Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
WEDNESDAY, THE 14TH DAY OF MARCH 2018 / 23RD PHALGUNA, 1939
CRL.MC.NO. 954 OF 2018
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AGAINST THE ORDER/JUDGMENT IN CC 2148/2017 OF JUDICIAL FIRST CLASS
MAGISTRATES COURT-TEMPORARY, ATTINGAL
CRIME NO. 943/2012 OF KALLAMBALAM POLICE STATION, THIRUVANANTHAPURAM
PETITIONER/A1
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SHIBULAL
S/O. SATHYAVRATHAN, PLAVILA VEEDU, PARAKUNNU P.O,
NAVAIKULAM VILLAGE, TRIVANDRUM.
BY ADV.SRI.M.R.SARIN
RESPONDENTS/COMPLAINANT:
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1. THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682031.
2. MANJU
D/O. OMANA, UPASANA, VARUVILAKOM, MUNDAKKAL,
MURUKKUMPUZHA P.O, VEILOOR VILLAGE,
THIRUVANANTHAPURAM-695001
R1 BY SR.PUBLIC PROSECUTOR SHRI.RAMESH CHAND
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 14-03-2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
:2:
Crl.MC.No. 954 of 2018 ()
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APPENDIX
PETITIONER'S ANNEXURES
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ANNEXURE A1 CERTIFIED COPY OF THE FIR NO.943/12 OF
KALLAMBALAM POLICE STATION.
ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN CC NO
2148/17 PENDING BEFORE JFCM-TEMPORARY COURT
ATTINGAL.
ANNEXURE A3 THE TRUE COPY OF THE JUDGMENT IN OP[HMA]NO
334/14 OF FAMILY COURT, ATTINGAL.
ANNEXURE A4 THE TRUE COPY OF THE JUDGMENT ALONG WITH MEDIATION
REPORT IN OP NO.867/13 OF THE FAMILY COURT, ATTINGAL.
RESPONDENTS' EXHIBITS: NIL
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//TRUE COPY//
vgd/15.03.18 PA TO JUDGE
SUNIL THOMAS, J.
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Crl.M.C.No.954 of 2018
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Dated this the 14th day of March, 2018
ORDER
The petitioner herein stand arrayed as the sole accused in C.C.No.2148/2017 of JFMC-Temporary Court, Attingal for offences punishable under Sections 498A and 34 IPC. The allegation against the petitioner herein is that he had subjected his wife, who is the 2 nd respondent herein, to matrimonial cruelty by demanding more money and gold ornaments. She was allegedly harassed physically and mentally. Pending the proceedings, the parties resolved to settle the dispute and to live separately. It is stated that they obtained divorce under Section 13 B of the Hindu Marriage Act by order in O.P(HMA)No.334/2014 of Family Court, Attingal. The petitioner herein, contending that in the light of settlement, prosecution is liable to be brought to an end, sought reliefs.
2. The learned counsel for the petitioner and the learned counsel for the 2nd respondent referred to the Crl.M.C.No.954 of 2018 2 settlement arrived at between the parties which is seen produced as Annexure-A4. It is a mediation agreement by which at Clause.5 it has been agreed that the parties will give an end to C.M.P No.4086/2012 under Section 498A. The learned Public Prosecutor on instructions, submitted that the parties have resolved their dispute and the statement of the victim has been recorded.
3. Having considered these facts, I am inclined to invoke the jurisdiction under Sec.482 Cr.P.C and to give quietus to the criminal proceedings. Accordingly, Crl.M.C is allowed and all further proceedings in C.C.No.2148/2017 of JFMC-Temporary Court, Attingal stand quashed.
Sd/-
SUNIL THOMAS, JUDGE vgd/15.03.2018