Kerala High Court
Ajaya Kumar vs State Of Kerala on 16 July, 2025
2025:KER:52628
CRL.M.C NO.3588 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
WEDNESDAY, THE 16TH DAY OF JULY 2025 / 25TH ASHADHA, 1947
CRL.MC NO. 3588 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN CMP NO.837 OF
2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,
PERINTHALMANNA
PETITIONERS/ACCUSED:
1 AJAYA KUMAR
AGED 47 YEARS
S/O PATHAYAPARAMBIL SUKUMARAN, RESIDING AT ANIL
NIVAS, ZION NAGAR, Z.N. 8, KONTHURUTHY, THEVARA,
ERNAKULAM, PIN - 682013
2 PATHAYAPARAMBIL SUKUMARAN
AGED 74 YEARS
ANIL NIVAS, ZION NAGAR, Z.N. 8, KONTHURUTHY,
THEVARA, ERNAKULAM., PIN - 682013
3 LALITHA
AGED 64 YEARS
W/O PATHAYAPARAMBIL SUKUMARAN, ANIL NIVAS, ZION
NAGAR, Z.N. 8, KONTHURUTHY, THEVARA, ERNAKULAM.,
PIN - 682013
4 SMITHA SUKUMARAN
AGED 41 YEARS
W/O. MANOJ B, THEKKEDATH HOUSE, UDAYAMPEROOR P.O,
PUTHIYAKAVU, MANAKUNNAM, ERNAKULAM., PIN - 682307
BY ADVS.
SRI.TOM JOSE OZHUKAYIL
SRI.TOM JOSE
SMT.GEETHA JOB(OZHUKAYIL)
2025:KER:52628
CRL.M.C NO.3588 OF 2024
2
SHRI.AKHIL DAS
SMT.CLANZA NOVETH CLEETUS
SHRI.ABDUL SHUKOOR P.C.
SMT.ANEETA BRIGHTSON
SMT.SANJANA ANIL
RESPONDENT/DE FACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 CHINCHU K
AGED 34 YEARS
W/O. AJAYAKUMAR AND D/O. K. SANKARAN,
KOOMULLYKALAM HOUSE, KURUPATHAL, KOLATHUR,
MALAPPURAM DISTRICT., PIN - 679338
BY ADVS.
SHRI.ABREM K. JOY
SMT.SHAMEENA K.U.
SRI.SANAL P.RAJ.PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 16.07.2025, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
2025:KER:52628
CRL.M.C NO.3588 OF 2024
3
ORDER
The petitioners are accused Nos.1 to 4 in Crime No.136/2022 of Kolathur Police Station, Malappuram, in which the Sub Inspector of Police, Kolathur, has filed final report alleging the commission of offences under Sections 406 and 498A read with Section 34 of the Indian Penal Code, 1860.
2. The case relates to the matrimonial cruelty meted out to the de facto complainant at the instance of the 1 st petitioner, who married her, and the other petitioners who are his close relatives.
3. In the present petition, the petitioners would contend that a false and baseless case has been foisted against them, and that they are totally innocent.
4. Heard the learned counsel for the petitioners, the learned counsel for the de facto complainant and the learned Public Prosecutor representing the State of Kerala.
5. The learned counsel for the petitioners and the learned counsel for the de facto complainant submitted that all issues between the petitioners and the de facto complainant have been amicably settled in the mediation conducted at the instance of the Mediation Sub 2025:KER:52628 CRL.M.C NO.3588 OF 2024 4 Centre, Malappuram in the pending cases before the Family Court, Malappuram. The true copy of the Memorandum of Agreement signed by the parties, is produced as Annexure-F. It is stated as condition No.6 in Annexure-F (Memorandum of Agreement), that the de facto complainant would do the needful for terminating the criminal case pending before the Judicial First Class Magistrate Court-I, Perinthalmanna, against the petitioners. Annexure-I judgment rendered by the Family Court, Malappuram, would reveal that the said Court has acted upon the aforesaid compromise between the parties and passed a decree of divorce on mutual consent.
6. The de facto complainant had sworn an affidavit on 05.07.2025, stating that all the issues between the petitioners and the de facto complainant have been amicably settled, and that she has no objection in quashing the F.I.R and Final Report in Crime No.136/2022 of Kolathur Police Station, Malappuram.
7. It is apparent from the above facts and circumstances of the case that the domestic issues between the petitioners and the de facto complainant have been amicably settled, and that there is no purpose to be fulfilled by the continuation of the prosecution against the petitioners. The termination of the prosecution proceedings against the petitioners is highly necessary to maintain the harmonious relationship 2025:KER:52628 CRL.M.C NO.3588 OF 2024 5 between the parties. Therefore, the prayer of the petitioners to quash the proceedings against them, has to be allowed.
In the result, the petition stands allowed. The F.I.R registered by the Kolathur Police in Crime No.136/2022 and the final report filed against the petitioners in the aforesaid crime, and all proceedings initiated thereafter on the aforesaid final report, are hereby quashed.
Sd/-G.GIRISH JUDGE ma/16.07.2025 /True copy/ 2025:KER:52628 CRL.M.C NO.3588 OF 2024 6 APPENDIX OF CRL.MC 3588/2024 PETITIONER ANNEXURES Annexure A TRUE COPY OF THE PRIVATE COMPLAINT DATED 08.03.2022 FILED BEFORE THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT I, PERINTHALMANNA AS CMP NO. 837/2022 Annexure B CERTIFIED COPY OF THE FIR IN CRIME NUMBER 136/2022 OF KOLATHUR POLICE STATION Annexure C TRUE COPY OF THE FINAL REPORT IN CRIME NO. 136/2022 DATED 21/03/2022 Annexure D TRUE COPY OF THE JUDGMENT IN OP (FC) NO.
684/2022 DATED 08/02/2023 Annexure E TRUE COPY OF THE FIR IN CRIME NO.
706/2023 DATED 04/06/2023 Annexure F CERTIFIED COPY OF THE MEDIATION AGREEMENT ENTERED INTO BETWEEN THE PARTIES IN M.C. NO. 106/2022, O.P. NO.
293/2022, AND O.P. NO. 665/2022.
Annexure G CERTIFIED COPY OF THE ORDER REGARDING MAINTENANCE AND FINANCIAL CLAIMS IN O.P. NO. 293/2022 OF THE FAMILY COURT, MALAPPURAM, DATED 24.09.2024.
Annexure H A TRUE COPY OF THE ORDER REGARDING
CUSTODY AND VISITATION RIGHTS OF
CHILDREN IN O.P. NO. 665/2022 OF THE
FAMILY COURT, MALAPPURAM, DATED
24.09.2024.
Annexure I A TRUE COPY OF THE MUTUAL CONSENT
DIVORCE DECREE PASSED IN O.P. NO.
263/2025 BY THE FAMILY COURT,
MALAPPURAM, DATED 01.04.2025.