Nibin vs State Of Kerala
2021 Latest Caselaw 21776 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
            THE HONOURABLE MRS. JUSTICE M.R.ANITHA
  TUESDAY, THE 2ND DAY OF NOVEMBER 2021 / 11TH KARTHIKA, 1943
                   CRL.MC NO. 4293 OF 2021
    AGAINST THE ORDER/JUDGMENT IN CC 400/2020 OF JUDICIAL
         MAGISTRATE OF FIRST CLASS -I, KOLLAM, KOLLAM
PETITIONERS/ACCUSED 1-3:

    1     NIBIN,AGED 26 YEARS
          S/O.KARTHIKEYAN, RESIDING @ BINDHU SADANAM,
          NEAR MANKOOTATH TEMPLE, NORTH MYLAKKAD, THAZHUTHALA,
          KOLLAM - 691 571.

    2     BINDHU, AGED 45 YEARS
          W/O.KARTHIKEYAN, RESIDING @ BINDHU SADANAM, NEAR
          MANKOOTATH TEMPLE, NORTH MYLAKKAD, THAZHUTHALA,
          KOLLAM - 691 571.

    3     BIBIN,AGED 27 YEARS
          S/O.KARTHIKEYAN, RESIDING @ BINDHU SADANAM,
          NEAR MANKOOTATH TEMPLE, NORTH MYLAKKAD, THAZHUTHALA,
          KOLLAM - 691 571.

          BY ADV R.KISHORE (KALLUMTHAZHAM)


RESPONDENTS/STATE/DEFACTO COMPLAINANT:

    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
          KERALA, ERNAKULAM- 682031

    2     STATION HOUSE OFFICER
          KOTTIYAM POLICE STATION, KOTTIYAM - 691 571.

    3     UNNI MAYA,AGED 24 YEARS
          RESIDING @ THUVAANAM VEEDU, THAZHUTHALA VILLAGE,
          KOTTIYAM, KOLLAM - 691 020.

         PP.SRI.SANGEETHARAJ.N.R, ADV.KIRAN R3


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
02.11.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING
                                             -2-

CRL.MC NO. 4293 OF 2021




                                       ORDER

This Crl.M.C. has been filed seeking to quash the entire

further proceedings against the petitioners in C.C No. 400/2020 on

the files of the Judicial First Class Magistrate Court II, Kollam,

which arose out of crime No.0006/2020 of Kottiyam police station,

which has been registered for the offence punishable under

Sections 498(A), 506(ii), 294 (b), 323, r/w 34 of IPC.

2. First petitioner is the husband of the defacto

complainant and 2nd and 3rd petitioners are the in-laws of the

defacto complainant/3rd respondent.

3. The entire matrimonial issues between the petitioners

and the defacto complainant have been amicably settled out or

court.

4. Annexure A1 is the copy of the FIR and Annexure A1(a)

is the copy of the final report.

5. Adv. Kiran appeared on behalf of the defacto

complainant and reports about the settlement arrived at between

CRL.MC NO. 4293 OF 2021

the defacto complainant and the petitioner.

6. The learned Public Prosecutor produced copy of

statement filed by the SHO along with the copy of the signed

statement from the defacto complainant.

7. It is reported that a joint petition for divorce has been

filed through the Family Court. In the statement given to the SHO

she made reference about the divorce obtained through the Family

Court.

8. Since the entire matrimonial issues between the parties

have been amicably settled out of court, continuation of the

proceedings against the petitioners would be an abuse of process of

court. The entire issues are also purely private in nature and no

public interest in involved. So I do not find any impediment in

quashing the further proceedings against the petitioners in the

above case.

In the result, this Crl.M.C. stands allowed and all further

proceedings against the petitioners in C.C. No400/2020 on the file

of the Judicial First Class Magistrate Court II , Kollam, which arose

CRL.MC NO. 4293 OF 2021

out of crime No.0006/2020 of Kottiyam police station, is hereby

quashed.

Sd/-

M.R.ANITHA JUDGE hmh

CRL.MC NO. 4293 OF 2021

APPENDIX OF CRL.MC 4293/2021

PETITIONER ANNEXURE

Annexure AI THE CERTIFIED COPY OF THE FIR NUMBERED AS 006/2020 DATED 01/01/2020.

Annexure AI(A) THE CERTIFIED COPY OF THE FINAL REPORT NUMBERED AS C.C.400/2020 DATED 06/03/2020.

Annexure AII THE TRUE COPY OF THE AFFIDAVIT FILED BY THE DE-FACT COMPLAINANT DATED 15/04/2021.

RESPONDENT ANNEXURE             NIL