Kerala High Court
Court vs State Of Punjab 2012 on 23 March, 2018
Author: Sunil Thomas
Bench: Sunil Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
FRIDAY, THE 23RD DAY OF MARCH 2018 / 2ND CHAITHRA,1940
Crl.MC.No. 1612 of 2018
PENDING AS CC 920/2017 OF JUDICIAL FIRST CLASS MAGISTRATE
COURT, NADAPURAM
CRIME NO. 7/2017 OF NADAPURAM POLICE STATION , KOZHIKODE
PETITIONER(S)/ACCUSED NOS.1 & 2
1 VINODAN
41 YEARS, S/O ARUTHAN, MULLAPPALLITHAZHA HOUSE,
PURAKKAD PO, PAYYOLI (VIA), KOYILANDY TALUK,
KOZHIKODE (DIST)
2 ARUTHAN
79 YEARS, S/O VELLAN, MULLAPPALLITHAZHA HOUSE,
PURAKKAD PO, PAYYOLI (VIA), KOYILANDY TALUK,
KOZHIKODE (DIST)
BY ADV.SMT.K.DEEPA (PAYYANUR)
RESPONDENT(S)/STATE & DE-FACTO COMPLAINANT.:
1. STATE OF KERALA
REP. BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.PIN.682031.
2. BIJULA
36 YEARS, D/O BALAN, NADUVAYALIL KUNIYIL HOUSE,
MUTHUVATATHUR PO, PURAMERI (VIA)
VATAKARA TALUK, KOZHIKODE DISTRICT. PIN.673116.
R2 BY ADV. SMT.AKHILA K NAMBIAR
R1 BY SRI.C.N.PRABHAKARAN, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23-03-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 1612 of 2018 ()
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE 1 CERTIFIED COPY OF THE FINAL REPORT OF CRIME
NO.7/2017 OF NADAPURAM POLICE STATION,
KOZHIKODE.
ANNEXURE II AFFIDAVIT FILED BY THE 2ND RESPONDENT.
RESPONDENT(S)' EXHIBITS NIL
R.AV //TRUE COPY//
PA TO JUDGE
SUNIL THOMAS, J.
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Crl.M.C.No.1612 of 2018
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Dated this the 23rd day of March, 2018
ORDER
The petitioner herein stand arrayed as the accused in CC.No.920/2017 of the Judicial First Class Magistrate Court, Nadapuram, arising from Crime No.7/2017 of Nadapuram Police Station for offences punishable under sections 323, 406, 498A read with section 34 of the Indian Penal Code.
2. The second respondent defacto complainant alleged that after her marriage with the first accused, who is the first petitioner, she was subjected to matrimonial cruelty by the husband and his father, who is the second accused/second petitioner. Alleging harassment, she initiated proceedings which ultimately resulted in the present criminal proceedings. It is stated by the petitioners that due to the intervention of Crl.M.C.No.1612 of 2018 2 the relatives and friends of both parties, entire matters were discussed and amicably settled. An affidavit in support of the settlement has been produced as Annexure-A2. According to the learned counsel for the petitioners, in the light of the decision reported in Gian Singh Vs State of Punjab 2012 (4) KLT 108 (SC) the further proceeding is liable to be quashed. The learned Public Prosecutor on instructions submitted that the parties have resolved their dispute and there is no surviving grievance. Statement of the defacto complainant has also been recorded. The learned counsel for the second respondent also acknowledged the due settlement of the disputes. Having considered these facts, in the light of the settled legal position, I am inclined to invoke the jurisdiction under section 482 Cr.P.C, to quash the entire criminal proceedings.
Accordingly Crl.M.C is allowed. All further proceedings in C CC.No.920/2017 of the Judicial First Class Magistrate Court, Nadapuram, arising from Crl.M.C.No.1612 of 2018 3 Crime No.7/2017 of Nadapuram Police Station will stand quashed.
Sd/-
SUNIL THOMAS, JUDGE R.AV //True Copy// PA to Judge