Kerala High Court
Jestin Devassy vs State Of Kerala on 9 August, 2017
Author: Sunil Thomas
Bench: Sunil Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
TUESDAY, THE 12TH DAY OF DECEMBER 2017/21ST AGRAHAYANA, 1939
Crl.MC.No. 7922 of 2017 ()
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AGAINST THE ORDER/JUDGMENT IN CC 1906/2016 of J.M.F.C.-III, THRISSUR
PETITIONER(S)/ACCUSED:
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1. JESTIN DEVASSY,
AGED 31 YEARS, S/O.DEVASSY, CHIRAKKEKKARAN HOUSE,
ERAVIMANGALAM P.O., THRISSUR DISTRICT.
2. JAIJO DEVASSY,
AGED 31 YEARS, S/O.DEVASSY, CHIRAKKEKKARAN HOUSE,
ERAVIMANGALAM P.O., THRISSUR DISTRICT.
3. LISSY,
AGED 52 YEARS, W/O.DEVASSY, CHIRAKKEKKARAN HOUSE,
ERAVIMANGALAM P.O., THRISSUR DISTRICT.
BY ADV. SRI.K.B.GANGESH
RESPONDENT(S)/STATE & DEFACTO COMPLAINANT:
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1. STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA.
2. RIYAMOL,
AGED 20 YEARS, D/O.EANASU, POOLON HOUSE,
PALAKKAL DESOM, PALISSERY VILLAGE,
THRISSUR TALUK - 680 027.
R2 BY ADV. SMT.ATHIRA A.MENON
R1 BY SR.PUBLIC PROSECUTOR SRI.C.N.PRABHAKARAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
12-12-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 7922 of 2017 ()
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APPENDIX
PETITIONER(S)' EXHIBITS
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ANNEXURE A1 TRUE COPY OF THE FIR IN CRIME NO.2111/2015 OF OLLUR
POLICE STATION.
ANNEXURE A2 TRUE COPY OF THE FINAL REPORT IN CC NO.1906/2016 OF
OLLUR POLICE STATION.
ANNEXURE A3 TRUE COPY OF OP NO.115/2017 FILED BY THE 1ST PETITIONER
AND 2ND RESPONDENT HEREIN JOINTLY BEFORE FAMILY COURT, THRISSUR.
ANNEXURE A4 TRUE COPY OF THE AFFIDAVIT DATED 09.08.2017 EXECUTED BY
THE 2ND RESPONDENT.
ANNEXURE A5 TRUE COPY OF ORDER DATED 10.08.2017 PASSED BY FAMILY
COURT, THRISSUR IN OP NO.115/2017.
ANNEXURE A6 TRUE COPY OF AFFIDAVIT DATED 31.10.2017 EXECUTED BY THE
2ND RESPONDENT.
RESPONDENT(S)' EXHIBITS : NIL
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/TRUE COPY/
P. A. TO JUDGE
Pn
SUNIL THOMAS, J.
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Crl. M. C. No. 7922 of 2017
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Dated this the 12th day of December, 2017
O R D E R
The petitioners are the accused in C.C. No.1906/2016 of the Judicial First Class Magistrate Court III, Thrisssur for offences punishable under Sections 498A, 354, 354A, 354C, 354D, 376, 406 read with 34 of IPC, Section 119(a) of the Kerala Police Act and Section 66E of the Information Technology Act. The 1st petitioner had married the 2nd respondent. Petitioners 2 and 3 are his brother and mother respectively. After the marriage solemnized on 20.09.2015, differences of opinion arose between the parties leading to initiation of matrimonial proceedings. Alleging that she was subjected to matrimonial cruelty, the 2nd respondent got registered Crime No.2111/2015 of Ollur Police Station. After investigation final report was laid and the matter is pending consideration.
2. The petitioners have approached this Court contending that the various allegations in the criminal proceedings are not true and were made on an attempt to spite them due to matrimonial disputes between the parties. It was stated that, pending the proceedings the matter was settled between the parties. Accordingly, a joint application for divorce was filed by Crl. M. C. No. 7922 of 2017 2 the 1st petitioner and th 2nd respondent before the Family Court, Thrissur as O.P. No.115/2017. Divorce is stated to have been obtained by mutual consent. In the light of the settlement petitioners sought to quash the proceedings.
3. The learned counsel for the petitioners and the learned counsel for the 2nd respondent jointly submitted that the disputes have now been resolved. It is evident from Annexure A6 affidavit affirmed by the 2nd respondent. Learned counsel for the 2nd respondent acknowledged the due execution of the settlement between the parties.
4. Essentially, the dispute arose from a matrimonial discord. The parties have now resolved all their disputes. Having considered these facts, I am inclined to invoke the jurisdiction under Section 482 Cr.P.C. treating the dispute as a purely personal dispute between the parties and to quash the entire proceedings.
Hence, Crl.M.C. is allowed. All further proceedings in C.C. No.1906/2016 of the Judicial First Class Magistrate Court III, Thrisssur stand quashed.
Sd/-
SUNIL THOMAS, JUDGE.
Pn