Kerala High Court
Magistrate'S Court-Ii vs Subhash.G on 6 February, 2018
Author: Sunil Thomas
Bench: Sunil Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
TUESDAY, THE 6TH DAY OF FEBRUARY 2018 / 17TH MAGHA, 1939
Crl.MC.No. 8773 of 2017
AGAINST THE ORDER/JUDGMENT IN CC 843/2016 OF THE JUDICIAL FIRST CLASS
MAGISTRATE'S COURT-II, KOLLAM
CRIME NO. 2123/2015 OF ERAVIPURAM POLICE STATION, KOLLAM
PETITIONERS
1 SUBHASH.G
AGED 41, S/O. GOPALAKRISHNAN, JANMATHIL VEEDU, THEJUS
NAGAR - 22, VADAKKEVILA VILLAGE, ERAVIPURAM, KOLLAM.
2 LALITHA
AGED 61, W/O. GOPALAKRISHNAN,JANMATHIL VEEDU, THEJUS
NAGAR - 22, VADAKKEVILA VILLAGE, ERAVIPURAM, KOLLAM.
3 RAJESH
AGED 33, S/O. GOPALAKRISHNAN,JANMATHIL VEEDU, THEJUS
NAGAR - 22, VADAKKEVILA VILLAGE, ERAVIPURAM, KOLLAM.
4 SUMESH G
AGED 28, S/O. GOPALAKRISHNAN,JANMATHIL VEEDU, THEJUS
NAGAR - 22, VADAKKEVILA VILLAGE, ERAVIPURAM, KOLLAM.
BY ADV.SRI.R.RAJESH(PULLIKADA)
RESPONDENTS:
1. THE STATE OF KERALA
REPRESENTED BY GOVERNMENT PLEADER, HIGH COURT OF
KERALA,
ERNAKULAM, PIN 682031.
2. LIJA A
D/O. SOMARAJAN, PUTHUVARAMBIL VEETIL, SURYA NAGAR-87,
AYATHIL P.O, KOLLAM - 691 017.
R2 BY ADV. SRI.S.SREEKUMAR (KOLLAM)
R1 BY PUBLIC PROSECUTOR SRI.C.K.PRASAD.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06-02-2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 8773 of 2017 ()
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE A1 THE CERTIFIED COPY OF FIR NO2123/15 OF ERAVIPURAM
POLICE STATION.
ANNEXURE A2 THE CERTIFIED COPY OF THE FINAL REPORT/CHARGE
SHEET.
RESPONDENTS EXHIBITS :NIL
TRUE COPY
Sd/-
P.S TO JUDGE
SUNIL THOMAS, J.
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CRMC No.8773 of 2017
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Dated this the 6th day of February, 2018
ORDER
Petitioners herein are arrayed as accused in C.C. No.843/16 on the file of the Judicial First Class Magistrate Court-II, Kollam arising from Crime No.2123/2015 of Eravipuram Police Station for offences punishable under Sections 498A, 323, 324, 506 and 34 IPC. It was alleged by the defacto complainant who is the second respondent herein that she was subjected to matrimonial cruelty by the petitioners herein. According to her, they got married on 9.1.2005. They were living together. Immediately after the marriage, the husband started selling away her gold ornaments. He misappropriated the sale proceeds. It is further alleged that the petitioners herein treated the defacto complainant with cruelty. The petitioner No.2 is the mother of the first petitioner. Petitioners 3 and 4 are his brothers. Petitioners have now approached this Court stating that the case was filed on the Crl.M.C No.8773/2017 - : 2 :-
basis of some misunderstanding and the parties have now resolved their disputes. The parties now got separated through mediation arrived at in the Family Court. To support it, the second respondent has executed an affidavit which is produced by the petitioners along with the Crl.M.C. She has asserted that the matter is settled pursuant to the mediation conducted in the Family Court, Kollam and that the parties are living separately. The learned Public Prosecutor on instructions submits that the second respondent has confirmed that the matter has been settled and she stands divorced. She has remarried, it is also submitted. Having considered the fact that the dispute arose from a matrimonial dispute and the matter is being settled, I feel that no purpose will be served by prosecuting the petitioners herein. It is essential that in the interest of justice quietus is given to the matrimonial dispute. Accordingly, Crl. M.C is allowed. All further proceedings in C.C. No.843/16 arising from Crime No.2123/2015 of Eravipuram Police Station shall stand quashed.
Sd/-
SUNIL THOMAS, JUDGE al/-